No. 55 ORDERS OF THE DAY OF THE Legislative Assembly of British Columbia

Tuesday, April 28, 2015

10 a.m.

ROUTINE BUSINESS


PRAYERS


INTRODUCTION OF BILLS

1   Mr. D. Routley to introduce a Bill intituled Document Disposal Amendment Act, 2015.

2   Ms. Mungall to introduce a Bill intituled Poverty Reduction and Economic Inclusion Act, 2015.

3   Ms. Trevena to introduce a Bill intituled Provincial Shipbuilding Act.

4   Mr. Krog to introduce a Bill intituled Anti-SLAPP Act, 2015.

5   Ms. Huntington to introduce a Bill intituled Builders Lien Notice to Owners Act.


STATEMENTS (STANDING ORDER 25b)

(Afternoon sittings: Monday and Wednesday)

(Morning sittings: Tuesday and Thursday)


ORAL QUESTION PERIOD

(30 minutes, afternoon sittings: Monday and Wednesday)

(30 minutes, morning sittings: Tuesday and Thursday)


PRESENTING PETITIONS


READING AND RECEIVING PETITIONS


PRESENTING REPORTS


MOTIONS ON NOTICE

(See Schedule A — Government Motions)

(See Schedule D — Private Members’ Motions)


WRITTEN QUESTIONS ON NOTICE

(See Schedule B)


PROPOSED AMENDMENTS ON NOTICE

Hon. A. Virk to move, in Committee of the Whole on Bill (No. 5) intituled Government Information Act to amend as follows:

In the Title, by deleting “GOVERNMENT INFORMATION ACT” and substituting “INFORMATION MANAGEMENT ACT”.

SECTION 1, by deleting the text shown as struck out and adding the underlined text as shown:

Definitions

1 In this Act:

“archive” means to transfer government information from a government body or court to the digital archives or museum archives of government;

“court” means the Court of Appeal, Supreme Court or Provincial Court;

“court information” means recorded information held by a court that is

(a) filed in a court proceeding, or

(b) about a court proceeding,

but does not include

(c) information stored in or recorded on a judicial administration record, or

(d) information relating to matters of court administration assigned to the Attorney General or government by law;

“court information schedule” means a court information schedule approved under section 16.1 [court information schedules];

“digital archives” means the digital archives for government information established by section 13 [digital archives established];

“digitize” means to record in digital form information originally recorded in non-digital form;

“dispose” means to destroy, or render impracticable to decipher, recorded information;

“government agency” means an association, board, commission, corporation or other body, whether incorporated or unincorporated, if

(a) the body is an agent of the government,

(b) in the case of a corporation with issued voting shares, the government owns, directly or indirectly, more than 50% of the issued voting shares of the corporation, or

(c) a majority of the members of the body or of its board of directors or board of management are one or both of the following:

(i) appointed by the Lieutenant Governor in Council, by a minister or by an Act;

(ii) ministers or public officers acting as ministers or public officers;

“government body” means

(a) a ministry of the government of British Columbia, or

(b) a court, or

(c) a government agency designated as a government body by regulation,

but does not include

(d) a person who is a member or officer of the Legislative Assembly, in the exercise of his or her functions as a member or officer of the Legislative Assembly;, or

(e) a court;

“government information” means recorded information created or received by a government body in connection with government business, including

(a) information that must be held by the government body by law,

(b) information that documents a decision by a government body respecting a course of action that directly affects a person or the operations of the government body,

(c) information that documents or supports the government body’s organization, policies, procedures, transactions or operations, and

(d) information created or received by a government body that has archival value, and

(d.1) information relating to matters of court administration assigned to the Attorney General or government by law,

but does not include

(e) constituency information held in the office of a minister, or

(f) court information created or received by a court other than information stored or recorded on a record filed, registered, recorded or kept in an office of the court;, or

(g) information stored in or recorded on a judicial administration record;

“head”, in relation to a government body, means whichever of the following applies:

(a) if the government body is a ministry or office of the government of British Columbia, the member of the Executive Council who presides over that ministry or office;

(b) if the government body is a government agency designated as a government body by regulation, the person designated as the head of that government body in that regulation;

“hold”, includes

(a) in relation to government information, includes to place the information in the custody of a volunteer or a person retained under a contract with the government body or a volunteercourt if the government body or court retains control of the information;, and

(b) in relation to court information, to place the court information in the custody of a government body charged with the custody of court information on behalf of the court;

“information schedule” means an information schedule approved under section 5 [approval of information schedules];

“judicial administration record” has the same meaning as in the Freedom of Information and Protection of Privacy Act;

“museum archives of government” has the same meaning as in the Museum Act;

“publish” means to make generally available to the public, and includes posting on the internet;

“transfer”, in relation to information, does not include disclosing information if the original body continues to hold the information.

SECTION 2, by deleting section 2.

SECTION 13, in the proposed section 13 (1), by deleting “for government information”.

SECTION 16.1, by adding the following heading and section:

Part 4.1 – Court Information

Court information schedules

16.1 (1) The Deputy Attorney General and the chief judge or chief justice of a court may approve a court information schedule applying to a class of court information if they are satisfied that the court information schedule

(a) is consistent with the effective administration of justice and the independence of the court,

(b) promotes the preservation of valuable court information for current and future use,

(c) promotes effective information management by the court, and

(d) provides, with as much specificity as practicable, for the disposal of all court information required to be disposed of by law and for the holding of all court information required to be held by law.

(2) Court information to which a court information schedule applies must be held, transferred, archived or disposed of in accordance with the court information schedule.

(3) A court information schedule is not an enactment.

(4) If more than one court information schedule applies to court information, the court information schedule most recently approved prevails in the event of a conflict.

(5) The Deputy Attorney General must publish all approved court information schedules.

(6) For the purpose of advising the Deputy Attorney General and, if requested, the chief judge or chief justice on court information schedules, the chief records officer is deemed to be a member of any advisory committee established under section 5 (4) [information management advisory committee].

SECTION 16.2, by adding section 16.2:

When no court information schedule applies

16.2 (1) If no court information schedule applies to court information, the court information must be held by a court until the Deputy Attorney General and the chief judge or chief justice of the court

(a) approve a court information schedule applying to the court information, or

(b) approve the transfer, archiving or disposal of the court information.

(2) The Deputy Attorney General must publish an approval under subsection (1) (b).

(3) Despite subsections (1) and (2), if another enactment or a court order requires that a court hold or dispose of court information, that enactment or court order prevails in the event of a conflict.

SECTION 16.3, by adding section 16.3:

Archiving court information

16.3 (1) Court information that is scheduled to be archived under a court information schedule may be transferred

(a) to the digital archives if the court information is recorded in digital form consistent with directives issued under section 7 [directives for digitizing and archiving government information] in relation to the form of archived information, or

(b) to the Royal British Columbia Museum established under the Museum Act.

(2) The chief judge or chief justice of a court may transfer a judicial administration record of the court

(a) to the digital archives if the judicial administration record is in digital form consistent with directives issued under section 7 [directives for digitizing and archiving government information] in relation to the form of archived information, or

(b) to the Royal British Columbia Museum established under the Museum Act.

(3) The chief judge or chief justice of a court may enter into an agreement with the chief records officer or the Royal British Columbia Museum regarding the management, security, preservation and, where applicable, confidentiality of court information or judicial administration records of the court archived under this section.

SECTION 22, by deleting the text shown as struck out and adding the underlined text as shown:

Transition – records schedules under Document Disposal Act

22 (1) A If a records schedule approved under the Document Disposal Act before that Act is repealed applies to government information, the records schedule is deemed to be an information schedule approved under section 5 [approval of information schedules] of this Act, unless the chief records officer has approved an information schedule under this Act that replaces the records schedule approved under the Document Disposal Act.

(1.1) If a records schedule approved under the Document Disposal Act before that Act is repealed applies to court information, the records schedule is deemed to be a court information schedule approved under section 16.1 [court information schedules] of this Act, unless the Deputy Attorney General and the chief judge or chief justice of the court have approved a court information schedule under this Act that replaces the records schedule approved under the Document Disposal Act.

(2) SectionSections 6 [approved information schedules must be published] and 16.1 (5) [approved court information schedules must be published] do does not apply to records schedules deemed to be approved information schedules or deemed to be approved court information schedules, as the case may be, under this section.

SECTION 25, in the proposed section 29 (1) (d) of the Business Practices and Consumer Protection Authority Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 26, by deleting the text shown as struck out and adding the underlined text as shown:

26 Section 96.1 (1) of the Child, Family and Community Service Act, S.B.C. 2004, c. 60R.S.B.C. 1996, c. 46, is repealed and the following substituted:

(1) Despite sections 11 and 12 of the Government Information Management Act and subject to the regulations, a director, in writing, may transfer records to another director.

SECTION 27, as it amends section 74 of the Coastal Ferry Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 28, as it amends section 23 (1) of the Community Living Authority Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 30, as it amends section 14.1 (4) of the Community Services Interim Authorities Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 32, as it amends section 26 (1) of the Destination BC Corp. Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 33, in the proposed section 275 (5) and (6) of the Election Act, by deleting “Government Information Act” wherever it appears and substituting “Information Management Act”.

SECTION 34, as it amends section 9 of the Electronic Transactions Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 35, as it amends section 16 (1) of the Emergency Health Services Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 40, as it amends section 76 (2) (m) of the Freedom of Information and Protection of Privacy Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 41, in the proposed definition of “digital archives” in Schedule 1 of the Freedom of Information and Protection of Privacy Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 42, as it amends section 3 (3) of the Heritage Conservation Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 44, in the proposed section 91 (2) of the Local Elections Campaign Financing Act, by deleting “Government Information Act” in both places and substituting “Information Management Act”.

SECTION 45, in the proposed section 210 (3) (d) of the Motor Vehicle Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 46, by deleting the text shown as struck out and adding the underlined text as shown:

46 Section 1 of the Museum Act, S.B.C. 2003, c. 12, is amended by repealing the definition of “archives of the government” and substituting the following:

“museum archives of government” means

(a) the archival records transferred from the government to the corporation under section 26 of this Act, and

(b) the archival records transferred from the government, a court or a government body under the Government Information Management Act or another enactment; .

SECTION 47, by adding the underlined text as shown:

47 Section 4 (b) is repealed and the following substituted:

(b) to preserve and manage the museum archives of government; .

(b.1) to preserve and manage information archived with the museum by the courts; .

SECTION 48, in the proposed section 5 (8) (a) of the Museum Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 51, in the proposed section 168 (7) and (7.1) of the Recall and Initiative Act, by deleting “Government Information Act” wherever it appears and substituting “Information Management Act”.

SECTION 52, in the proposed section 2 (1) (f) of the Safety Authority Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 53, as it amends section 38 (4) of the South Coast British Columbia Transportation Authority Act, by deleting “Government Information Act” and substituting “Information Management Act”.

SECTION 55, as it amends sections 21 and 45 (1) of the Youth Justice Act, by deleting “Government Information Act” and substituting “Information Management Act”.

20  Mr. Holman to move, in Committee of the Whole on Bill (No. 20) intituled Election Amendment Act, 2015 to amend as follows:

SECTION 3, by adding the underlined text as shown:

Preparation of list of voters for use in election

47 (1) For each election for an electoral district, the chief electoral officer must have prepared a list of voters for the electoral district.

(2) Only a list of voters prepared under subsection (1) may be used for the purposes of conducting an election.

(3) The list of voters for an electoral district must

(a) be prepared as soon as possible after the election is called,

(b) include the names and residential addresses of those individuals who, on the basis of the Provincial list of voters, appear to be resident in the electoral district, including individuals who voluntarily registered under youth voter registration and will have turned eighteen by voting day,

20  Ms. Huntington to move, in Committee of the Whole on Bill (No. 20) intituled Election Amendment Act, 2015 to amend as follows:

SECTION 6, by deleting the text shown as struck out and adding the underlined text as shown:

(2) Without limiting subsection (1), on request and on payment of the reasonable costs of reproduction, the chief electoral officer must provide the following:

(a) to a registered political party or member of the Legislative Assembly, a list of voters;.

(b) to a registered political party, in respect of a general election for which the last writ of election was returned, a list of voters that indicates which voters on the list voted in the general election;

(c) to a registered political party, in respect of a by-election that takes place between the date the writ referred to in paragraph (b) was returned and the date the next general election is called, a list of voters that indicates which voters on the list voted in the by-election.

20  Ms. Huntington to move, in Committee of the Whole on Bill (No. 20) intituled Election Amendment Act, 2015 to amend as follows:

SECTION 6, by deleting the text shown as struck out and adding the underlined text as shown:

(2) Without limiting subsection (1), on request and on payment of the reasonable costs of reproduction, the chief electoral officer must provide the following:

(a) to a registered political party or member of the Legislative Assembly, a list of voters;

(b) to a candidate, registered political party, or a registered constituency association as defined in section 157 (1) (b), in respect of a general election for which the last writ of election was returned, a list of voters that indicates which voters on the list voted in the general election;

(c) to a candidate, registered political party, or a registered constituency association as defined in section 157 (1) (b), in respect of a by-election that takes place between the date the writ referred to in paragraph (b) was returned and the date the next general election is called, a list of voters that indicates which voters on the list voted in the by-election.

20  Mr. Weaver to move, in Committee of the Whole on Bill (No. 20) intituled Election Amendment Act, 2015 to amend as follows:

SECTION 6, by adding the underlined text as shown:

Section 51 (2) is repealed and the following substituted:

(2) Without limiting subsection (1), on request and on payment of the reasonable costs of reproduction, the chief electoral officer must provide the following:

(a) to a registered political party or member of the Legislative Assembly, a list of voters;

(b) to a registered political party, in respect of a general election for which the last writ of election was returned, a list of voters that indicates which voters on the list voted in the general election;

(c) to a registered political party, in respect of a by-election that takes place between the date the writ referred to in paragraph (b) was returned and the date the next general election is called, a list of voters that indicates which voters on the list voted in the by-election.

(2.1) The use of the information gathered by a registered political party in subsection 2 (b) and (c) may only be used for “electoral purposes” as set out in section 275 of the Election Act.

(2.2) Notwithstanding the regulations developed under section 275 of the Election Act which define “electoral purposes”, political parties are prohibited from using the information gathered in subsection 2 (b) and (c) for commercial purposes, and from disclosing this information to any other organization or public body.

20  Mr. Holman to move, in Committee of the Whole on Bill (No. 20) intituled Election Amendment Act, 2015 to amend as follows:

SECTION 6, by adding the underlined text as shown:

(2) Without limiting subsection (1), on request and on payment of the reasonable costs of reproduction, the chief electoral officer must provide the following:

(a) to a registered political party or member of the Legislative Assembly, a list of voters;

(b) to a registered political party or a registered constituency association as defined in s. 157 1 (b), in respect of a general election for which the last writ of election was returned, a list of voters that indicates which voters on the list voted in the general election;

(c) to a registered political party or a registered constituency association as defined in s. 157 1 (b) in respect of a by-election that takes place between the date the writ referred to in paragraph (b) was returned and the date the next general election is called, a list of voters that indicates which voters on the list voted in the by-election.

(d) Despite section 275 (3), records released under section 51 (2) (b) and (c) may not be used for any purposes other than electoral purposes consistent with this Act, subject to any restrictions or requirements established by regulation, and any other use constitutes an offence under s. 267.

(e) For the purposes of this section, “electoral purposes” means uses that enable candidates of registered political parties, registered constituency associations as defined in s. 157 1 (b) and registered political parties to, directly or indirectly, communicate with voters to promote or oppose a political party or candidate, or take a position on an issue with which a party or candidate is associated.

(f) For greater certainty, a person must not:

(i) sell or exchange for consideration information released under section 51 (2) (b) and (c), or

(ii) disclose the information about an individual’s voting to another unaffiliated person.

(g) Registered political parties must develop a policy on the use, distribution and safeguards of information released under section 51 (2) (b) and (c) and file a copy of this policy with the chief electoral officer.

20  Mr. Weaver to move, in Committee of the Whole on Bill (No. 20) intituled Election Amendment Act, 2015 to amend as follows:

SECTION 9, by adding the underlined text as shown:

Section 96 is amended

(a) in subsection (3) (b) (ii) by striking out “sequentially”, and

(b) by adding the following subsections:

(5) On request, an election official must provide to a candidate representative, without charge and in the manner and at the times directed by the chief electoral officer, a copy of the list prepared under subsection (3) (b) (ii).

(6) The voter participation information disclosed under section 96 (5) must be destroyed following the election.

20  Mr. Weaver to move, in Committee of the Whole on Bill (No. 20) intituled Election Amendment Act, 2015 to amend as follows:

SECTION 10, by adding the underlined text as shown:

Section 97 is amended by adding the following subsections:

(7) On request, after the end of each advance voting opportunity, the district electoral officer must provide to a candidate, without charge and in the manner and at the times directed by the chief electoral officer, the following information in relation to each voter who voted at the advance voting opportunity:

(a) the voter number unless paragraph (b) applies;

(b) if the voter registered or updated his or her voter registration information in conjunction with voting at the advance voting opportunity, the information that the chief electoral officer considers appropriate.

(8) The voter participation information disclosed under section 97 (7) must be destroyed following the election.

20  Mr. Holman to move, in Committee of the Whole on Bill (No. 20) intituled Election Amendment Act, 2015 to amend as follows:

SECTION 21, by deleting the text shown as struck out and adding the following section:

Section 244 (1) is amended by striking out “or the period beginning 60 days before the campaign period”.

Section 244 (1) is deleted and the following substituted

244 (1) Subject to subsection (3), if during a campaign period or the period beginning 60 days before the campaign period an individual or organization sponsors election advertising that exceeds a total value of $5000 or any higher amount established by regulation, the sponsor must file with the chief electoral officer an election advertising disclosure report in accordance with this section and section 245.


ORDERS OF THE DAY

Throne speech debate

(Hon. M. de Jong adjourned the debate.)


Committee of supply

Report of Resolutions passed in Committee of Supply

SECTION A: March 3, 9, 11, 12, 24, 25, 26, April 14, 21.

Outstanding Summaries of Estimates — Section A

Ministry of Aboriginal Relations and Reconciliation.

Ministry of Advanced Education.

Ministry of Agriculture.

Ministry of Education.

Ministry of Energy and Mines.

Ministry of Environment.

Ministry of Forests, Lands and Natural Resource Operations.

Ministry of International Trade.

Ministry of Social Development and Social Innovation.


PRIVATE MEMBERS’ TIME

(Monday morning only)

(See Schedule D)


PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE

COMMITTEE

Committee —

Bill (No. 5) intituled Government Information Act, PRINTED. Hon. Minister of Technology, Innovation and Citizens’ Services.

Committee —

Bill (No. 9) intituled Workers Compensation Amendment Act, 2015, PRINTED. Hon. Minister of Jobs, Tourism and Skills Training and Minister Responsible for Labour.

Committee —

Bill (No. 22) intituled Special Wine Store Licence Auction Act, PRINTED. Hon. Minister of Justice. (Section 1.)

Committee —

Bill (No. 23) intituled Miscellaneous Statutes Amendment Act, 2015, PRINTED. Hon. Minister of Justice.

Committee —

Bill (No. 26) intituled Liquefied Natural Gas Income Tax Amendment Act, 2015, PRINTED. Hon. Minister of Finance.

ADJOURNED DEBATE ON SECOND READING

Adjourned Debate on Second Reading —

Bill (No. 11) intituled Education Statutes Amendment Act, 2015, PRINTED. Hon. Minister of Education. (Mr. Donaldson adjourned the debate.)

SECOND READING

Second Reading —

Bill (No. 1) intituled An Act to Ensure the Supremacy of Parliament, PRINTED. Hon. Minister of Justice.

Second Reading —

Bill (No. 20) intituled Election Amendment Act, 2015, PRINTED. Hon. Minister of Justice.

Second Reading —

Bill (No. 25) intituled Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2015, PRINTED. Hon. Minister of Forests, Lands and Natural Resource Operations.


PRIVATE BILLS


PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS

(See Schedule D)


ADJOURNED DEBATE ON OTHER MOTIONS

CRAIG JAMES
Clerk of the Legislative Assembly