1993 Legislative Session: 2nd Session, 35th Parliament

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

No. 63

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Sunday, May 30, 1993

Two o'clock p.m.

Prayers by the Speaker.

By leave, the Hon. M. F. Harcourt (Premier) tabled a copy of a document from the Office of the Commissioner of Conflict of Interest.

The Hon. M. Sihota (Minister of Labour and Consumer Services and Minister Responsible for Constitutional Affairs) 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. 31) intituled Educational Programs Continuation Act and recommends the same to the Legislative Assembly.

Government House,
May 30, 1993.

Bill introduced and read a first time.

The Speaker ruled that, pursuant to Standing Order 81, the Bill might proceed all stages this day.

The Speaker declared a recess for distribution of the Bill.

The House proceeded to "Orders of the Day."

On the motion for second reading of Bill (No. 31) intituled Educational Programs Continuation Act, a debate arose.

The debate continued.

The House divided.

Motion agreed to on the following division:

Bill (No. 31) read a second time.

On the motion of the Hon. M. Sihota, Bill (No. 31) was referred to a Committee of the Whole House to be considered forthwith.

Bill (No. 31) was committed, reported complete with amendment, read a third time and passed.

Mr. Farrell-Collins moved a proposed amendment to Section 4 of Bill (No. 31) as follows:

SECTION 4, to read:

Arbitration

4 (1) The Chief Justice of the Supreme Court of British Columbia shall appoint an arbitrator to resolve the dispute between the parties.

(2) If the arbitrator is unable to complete his or her duties, the Chief Justice of the Supreme Court of British Columbia may appoint another person to act in his or her place and the arbitration may continue to recommence as the new arbitrator determines.

(3) The arbitrator shall determine his or her own procedure and shall give full opportunity to the parties to present evidence and make submissions.

(4) The arbitrator has the powers and authority of an arbitration board under the Labour Relations Code.

(5) The arbitrator may be paid remuneration and expenses determined by the Chief Justice of the Supreme Court of British Columbia.

The amendment was defeated on the following division:

Mr. Hanson moved a proposed amendment to Section 4 of Bill (No. 31) as follows:

SECTION 4, is hereby amended by the addition of the following subsection:

(6) Any arbitrator or other person appointed to act under this section shall be so appointed from a list of qualified arbitrators acceptable to both parties, or, failing their agreement, acceptable to both the British Columbia Teachers Federation, and to the British Columbia School Trustees Association, or, failing their agreement, selected by reference to a justice of the British Columbia Supreme Court. No person who has acted as a mediator or special mediator in the dispute is eligible to be appointed or to act as an arbitrator under this section.

The amendment was defeated on the following division:

Mr. Farrell-Collins moved a proposed amendment to Section 5 of Bill (No. 31) as follows:

SECTION 5, to read:

5 (1) The arbitrator shall renew or revise a collective agreement for the parties.

(2) In an arbitration between an employer and a trade union the arbitrator shall, in settling the terms and conditions of a collective agreement, the ability of the employer to pay shall be the paramount factor.

(3) An arbitrator shall not, to the extent that the employee compensation and benefits under the collective agreement, make an award inconsistent with the employer's ability to pay.

(4) For the purposes of this Part "ability" to pay means the current ability of an employer to pay based on existing revenues, requirements of any fiscal policies to which the employer is subject and the impact of increased costs on the maintenance of existing levels of public service.

(5) The decision of the arbitrator shall include provisions agreed to by the parties.

(6) The arbitrator shall conclude the arbitration and give his or her decision within 30 days after appointment of the arbitrator but the minister may extend the term.

(7) The decision of the arbitrator shall provide that the renewed or revised collective agreement takes effect from a date set out in the decision.

The amendment was defeated on the following division:

Sections 10 and 11 of Bill (No. 31) passed, on division.

The Speaker declared a short recess.

His Honour the Lieutenant Governor having entered the House, and being seated in the Chair -- Ian D. Izard, Law Clerk, read the titles to the following Bills:

Bill (No. 19) School Amendment Act, 1993.

Bill (No. 31) Educational Programs Continuation Act.

His Honour was pleased in Her Majesty's name to give assent to the said Bills.

The said assent was announced by E. George MacMinn, Q.C., Clerk of the Legislative Assembly

"In Her Majesty's name, His Honour the Lieutenant Governor doth assent to these Bills."

His Honour the Lieutenant Governor was then pleased to retire.

And then the House adjourned at 10.04 p.m.

JOAN SAWICKI, Speaker

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