1992 Legislative Session: 1st Session, 35th Parliament

The following electronic version is for informational purposes only.
The printed version remains the official version.

No. 22

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Wednesday, April 8, 1992

Two o'clock p.m.

Prayers by Mr. Serwa.

The Hon. J. Cashore (Minister of Environment, Lands and Parks) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:

David C. Lam
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 17) intituled Land Surveyors Amendment Act, 1992 and recommends the same to the Legislative Assembly.

Government House,
April 2, 1992.

Bill introduced and read a first time.

Second reading at the next sitting after today.

The Hon. T. Perry (Minister of Advanced Education, Training and Technology) presented to the Speaker a Message from His Honour the Lieutenant Governor, which read as follows:

David C. Lam
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 2) intituled Ministry of Advanced Education, Training and Technology Statutes Amendment Act, 1992 and recommends the same to the Legislative Assembly.

Government House,
March 24, 1992.

Bill introduced and read a first time.

Second reading at the next sitting after today.

Order called for "Oral Questions by Members."

By leave, the Hon. T. Perry (Minister of Advanced Education, Training and Technology) tabled a document entitled Task Force to Review Northern Post Secondary Education and a document entitled UNBC Statement on the Report of the Task Force to Review Northern Post-Secondary Education.

Mr. Wilson asked leave, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance.

The Speaker ruled that such a motion ought to be made after the completion of Routine Business and before moving to Orders of the Day.

The Hon. D. Miller (Minister of Forests) sought leave to move a motion without notice.

Leave was not granted.

The Hon. D. Miller sought leave, pursuant to Standing Order 35, to discuss a definite matter of urgent public importance.

The Speaker advised the House that she had received two notices of intention to raise matters pursuant to Standing Order 35, one notice by the Government and one notice by the Official Opposition. The Speaker observed that as Standing Order 35 (10) (a) provided that "not more than one such motion may be made at the same sitting", she would declare a recess to consider the matter.

The Speaker declared a short recess.

The Speaker stated that if the Chair found both matters complied with the provisions of Standing Order 35, only one matter could be moved although the House could, by unanimous consent, waive the provisions of Standing Order 35 (10) (a).

The Speaker further stated that the Chair would hear both matters and that in order to decide which matter should be heard first, had considered the fact that one notice had been given in writing, pursuant to Practice Recommendation #8 and, in the absence of any other factor, the Chair would allow Mr. Wilson's application to be heard first.

Mr. Wilson sought leave pursuant to Standing Order 35 to move adjournment of the House to discuss a matter of urgent public importance, namely, emergency health care priorities.

The Hon. D. Miller (Minister of Forests) asked leave, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance, namely, a declaration of an environmental emergency, pursuant to the Plant Protection Act, relating to the Asian gypsy moth.

The Speaker stated she would take both matters under advisement.

The Hon. C. Gabelmann (Attorney General) made a ministerial statement relating to the facilitation of negotiations of settlement of aboriginal land claims.

The Hon. A. Petter (Minister of Aboriginal Affairs) made a ministerial statement relating to the recognition of aboriginal rights.

Mr. Wilson made a statement.

Mr. Weisgerber made a statement.

The House proceeded to "Orders of the Day."

Bill (No. 4) intituled Budget Measures Implementation Act, 1992, was read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

On the motion for second reading of Bill (No. 8) intituled Motor Fuel Tax Amendment Act, 1992, a debate arose.

The debate continued.

The House divided.

Motion agreed to on the following division:

Bill (No. 8) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

The Speaker delivered her reserved opinion as follows:

Honourable Members:

Earlier today the Leader of the Official Opposition sought to move adjournment of the House, pursuant to Standing Order 35, to discuss a definite matter of urgent public importance, namely, emergency health care priorities, especially surgical wait-lists in the Province.

Following submissions from both sides of the House, I reserved my opinion as to whether the matter qualified under Standing Order 35, in line with the usual custom.

I would note at the outset that the topic raised by the Member is apparently of fairly broad scope and the kind of matter that is customarily discussed in the Committee of the Whole during Estimates. Members will note that over the past few days, the House has been embarked upon a debate customarily referred to as the "Budget Debate" which was concluded by passage of the resolution " 'That the Speaker do now leave the Chair' for the House to go into Committee of Supply." That resolution passed last night, immediately prior to the adjournment hour. Accordingly, it is competent for the House to embark upon consideration of the Estimates of the Ministry of Health in Committee of Supply and thus an ordinary parliamentary opportunity will occur when the matter may be discussed.

Secondly, I note that the statement raises a matter which has been mentioned on numerous occasions in this House, both during this Session and during previous Sessions and accordingly is a matter of long standing.

May's Parliamentary Practice, 16th edition, at page 370, points out that "The fact that a grievance is continuing is not, in itself, sufficient if it is not of recent occurrence."

For a parallel to this matter, I would refer Members to the Journals of the House, 1981, at page 124, when a similar matter was raised and essentially similar reasons given why it did not qualify under the provisions of Standing Order 35, and accordingly ought not to proceed.

Joan Sawicki, Speaker

On the motion for second reading of Bill (No. 3) intituled Taxpayer Protection Repeal Act, a debate arose.

The debate continued.

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

And then the House adjourned at 5.56 p.m.

JOAN SAWICKI, Speaker

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