1994 Legislative Session: 3rd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
No. 89
OF THE
Legislative Assembly of British Columbia
Thursday, June 16, 1994
2 p.m.
ROUTINE BUSINESS
INTRODUCTION OF BILLS
1 Mr. Campbell to introduce a Bill intituled MLA Salary, Expenses, Pension Reform Act.
2 Mr. Farrell-Collins to introduce a Bill intituled Trade Union Executive Financial Disclosure Act.
3 Mr. Farrell-Collins to introduce a Bill intituled Labour Relations Code Advisory Committee Act.
4 Mr. Farrell-Collins to introduce a Bill intituled Vehicle Transfer Consumer Protection Act.
5 Mr. Farrell-Collins to introduce a Bill intituled Essential Services Act.
6 Mr. Farrell-Collins to introduce a Bill intituled Labour Ombudsman Act.
7 Ms. Stephens to introduce a Bill intituled Domestic Violence Prevention Act.
8 Mr. Dalton to introduce a Bill intituled Election Finances Reform Act.
9 Mr. K. Jones to introduce a Bill intituled Protection of B.C. Heritage Artifacts Act.
10 Mr. Fox to introduce a Bill intituled Members' Conflict of Interest Amendment Act (Double-Dipping), 1994.
11 Mr. Weisgerber to introduce a Bill intituled Free Votes Enabling Act, 1994.
12 Mr. Weisgerber to introduce a Bill intituled Initiative Act, 1994.
13 Mr. Weisgerber to introduce a Bill intituled Recall Act, 1994.
14 Mr. Neufeld to introduce a Bill intituled Fixed Election Dates Act, 1994.
15 Ms. Tyabji to introduce a Bill intituled Children's Protection Act.
16 Ms. Tyabji to introduce a Bill intituled Youth Ombudsman's Act.
17 Ms. Tyabji to introduce a Bill intituled Admissible Evidence Act.
18 Ms. Reid to introduce a Bill intituled Victims of Domestic Violence Protection Act.
19 Ms. Hammell to introduce a Bill intituled Lower Fraser Valley Exhibition Association Amendment Act.
ORAL QUESTION PERIOD
(15 minutes, afternoon sittings: Monday, Tuesday, Wednesday, Thursday and,
subject to Standing Order 47B, Friday morning)
PRESENTING PETITIONS
READING AND RECEIVING PETITIONS
PRESENTING REPORTS
MOTIONS ON NOTICE
(See Schedule A)
WRITTEN QUESTIONS ON NOTICE
(See Schedule B)
PROPOSED AMENDMENTS ON NOTICE
7 The Hon. E. Cull to move, in Committee of the Whole on Bill (No. 7) intituled Financial Administration Amendment Act, 1994 to amend as follows:
SECTION 5, is amended in the proposed section 32 by striking out "in the current or future fiscal year." and substituting ", other than this section, in the current or a future fiscal year."
20 The Hon. E. Cull to move, in Committee of the Whole on Bill (No. 20) intituled Local Government Grants Act to amend as follows:
SECTION 12.1, by adding the following section:
Special Accounts Appropriation and Control Act
12.1 Section 2 of the Special Accounts Appropriation and Control Act, S.B.C. 1988, c. 26, is amended by striking out "Revenue Sharing Fund".
21 The Hon. B. Barlee to move, in Committee of the Whole on Bill (No. 21) intituled Heritage Conservation Statutes Amendment Act, 1994 to amend as follows:
SECTION 75,
(a) in the proposed section 1006 (1) (c) of the Heritage Conservation Act, by deleting "respecting agreements to" and substituting "respecting the making of agreements as to",
(b) in the proposed section 1018 (5) by adding "defeats or" after "If a local government",
(c) in the proposed section 1020 (1) by deleting "in accordance with this section," and substituting "in accordance with this Division," , and
(d) in the proposed section 1027 (4) (b) by deleting "section 960 (2)" and substituting "section 969 (2)".
SECTION 101,
(a) in the proposed section 583 (6) of the Vancouver Charter, by deleting "the local government must" and substituting "the Council must",
(b) in the proposed section 588 (1) by adding "may withhold approval" after "who issues permits for demolition", and
(c) in the proposed section 591 (1) by deleting "in accordance with this section," and substituting "in accordance with this Division,".
25 The Hon. D. Marzari to move, in Committee of the Whole on Bill (No. 25) intituled Municipal Affairs Statutes Amendment Act, 1994 to amend as follows:
SECTION 106, by deleting section 106.
SECTION 178, by adding the following section:
1993 general local elections -- extended time
for filing financial disclosure statements178 (1) This section applies to candidates and elector organizations in the 1993 general local elections for whom the financial agent failed to file the required disclosure statement within the time period established by section 91 or 92 of the Municipal Act or section 63 or 64 of the Vancouver Charter, as applicable.
(2) Despite the sections referred to in subsection (1) and despite any resolution of the local authority or any declaration of a court to the contrary made before or after the coming into force of this section,
(a) candidates are not by reason of the failure referred to in that subsection disqualified from being nominated for, elected to or holding office as referred to in section 91 of the Municipal Act or section 63 of the Vancouver Charter, as applicable, and
(b) the office of an elected candidate is not vacant.
(3) Despite the sections referred to in subsection (1), elector organizations are not by reason of the failure referred to in that subsection disqualified from endorsing a candidate as referred to in section 92 of the Municipal Act or section 64 of the Vancouver Charter, as applicable.
(4) In respect of candidates declared elected, all acts of those candidates as elected officials in their official capacity are confirmed and validated to the extent that they would have been valid if, at the time the acts took place, the disqualification referred to in subsection (2) did not apply to them.
(5) A candidate becomes disqualified as described in section 91 of the Municipal Act or section 63 of the Vancouver Charter, as applicable, and an elector organization becomes disqualified as described in section 92 of the Municipal Act or section 64 of the Vancouver Charter, as applicable, unless both the following requirements are met:
(a) the required disclosure statement is filed on or before June 30, 1994;
(b) the late filing penalty referred to in section 91 (2) or 92 (2) of the Municipal Act or section 63 (2) or 64 (2) of the Vancouver Charter, as applicable, is paid by the same date.
(6) For the purposes of this section, words and expressions have the meaning given to them in the Local Elections Reform Act, 1993.
(7) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter by reason that it makes no specific reference to that matter.
26 Ms. Reid to move, in Committee of the Whole on Bill (No. 26) intituled Medical and Health Care Services Amendment Act, 1994 to amend as follows:
SECTION 5, to read:
5 (1) In this section "panel" means a panel consisting of 3 persons appointed as follows:
(a) 1 member appointed from among those persons on the commission nominated by the British Columbia Medical Association;
(b) 1 member appointed from among those persons on the commission appointed on the joint recommendation of the minister and the British Columbia Medical Association to represent beneficiaries;
(c ) 1 member appointed from among those persons on the commission appointed to represent the government.
(2) The commission may delegate any of the commission's or the chair's powers or duties, except those under section 10 (2), 14 (2), 19, 20, 21, 28 (4) or 32 (1), to a person or panel.
(3) The commission may delegate powers or duties under section 10 (2), 14 (2), 28 (4) or 32 (1) but only to a panel selected by the commission.
28 The Hon. M. Sihota to move, in Committee of the Whole on Bill (No. 28) intituled Land Title Amendment Act, 1994 to amend as follows:
SECTION 5, by deleting ' "described in section 215 (1.3) (c)" ' and substituting ' "described in section 215 (1.3) (b)" '.29 The Hon. M. Sihota to move, in Committee of the Whole on Bill (No. 29) intituled Environmental Assessment Act to amend as follows:
SECTION 28, in the proposed subsection (1) (b) by deleting "within the same prescribed period as that prescribed for the purpose of section 24," and substituting "within the same prescribed period as that prescribed for the purpose of section 29 (2),".
46 The Hon. J. MacPhail to move, in Committee of the Whole on Bill (No. 46) intituled Child, Family and Community Service Act to amend as follows:
SECTION 42, in the proposed subsection (2) (a) by deleting "10 days" and substituting "7 days".
SECTION 45, in the proposed subsection (1) by deleting paragraphs (a) to (c) and substituting the following:
(a) 12 months, if the child or the youngest child who was the subject of the initial order was under 5 years of age on the date of that order,
(b) 18 months, if the child or the youngest child who was the subject of the initial order was 5 years of age or over but under 12 years of age on the date of that order, and
(c ) 24 months, if the child or the youngest child who was the subject of the initial order was 12 years of age or over on the date of that order.
SECTION 48, by deleting the proposed subsection (2) and substituting the following:
(2) A director who withdraws from a proceeding must present to the court a written report on the director's reasons for returning the child.
SECTION 103, in the proposed section 103 (2) by deleting paragraph (b) and substituting the following:
(b) respecting family conferences and mediation; .
46 Mr. Anderson to move, in Committee of the Whole on Bill (No. 46) intituled Child, Family and Community Service Act to amend as follows:
SECTION 21 (3) (a), to be amended to read:
(3) If the child is 12 years of age or over, the director must before agreeing to the plan of care
(a) explain the plan of care to the child in the presence of another adult, preferably known to the child, and
SECTION 24, to be amended by adding the following subsections:
(2) This section does not prevent a person from subsequently sharing his or her personal information with his or her advocate or lawyer as needed.
(3) This section applies despite sections 76, 78 and 79.
SECTION 30 (1) and (2), to be amended to read:
(1) A director may, without a court order remove a child in the company of a police officer if the director has reasonable grounds to believe that the child needs protection and that
(a) the child's health or safety is in immediate danger, or
(b) no other less disruptive measure that is available is adequate to protect the child.
(2) A director may without a court order and by force if necessary but in the company of a police officer, enter any premises or vehicle or board any vessel for the purpose of removing a child under subsection (1) if
(a) the director has reasonable grounds to believe that the child is in the premises or vehicle or on the vessel, and
(b) a person denies the director access to the child or no one is available to allow access to the child.
SECTION 31 (2), to be amended to read:
(2) The notice must be given in writing and must include a statement of the reasons for removal of the child and how further contact may be achieved.
SECTION 33 (2), to be amended to read:
(2) When a child is returned, the director must inform the parent in writing whether the director intends to withdraw from a proceeding under this Part or to take further steps under this Part.
SECTION 33 (3), to be amended to read:
(3) If the director does not intend to take further steps under this Part, the director must, within 24 hours after the child's removal,
(a) present to the court or a justice of the peace a written report on the director's reasons for removing and returning the child, and
(b) provide a copy of the report to the child's parents and any person notified of the presentation hearing.
SECTION 34 (3), to be amended to read:
(3) The director must make every effort to inform the following of the time, date and place of the hearing:
(a) the child, if 12 years of age or over;
(b) each parent;
(c ) the Public Trustee, if the parent apparently entitled to custody of the child is under 19 years of age;
(d) the applicable aboriginal organization prescribed in the regulations for the purpose of this section, if the child is an aboriginal child.
SECTION 34 (3) (d), to be amended to read:
(d) the applicable aboriginal organization prescribed in the regulations for the purpose of this section if the child is an aboriginal child and if the child being 12 years of age or over so designates him or herself as such.
SECTION 35 (2) (a), to be amended to read:
(a) an interim order that the child be in the custody of the director, or
SECTION 36 (3), to be amended to read:
(3) The director must make every effort to inform the persons mentioned in section 34 (3) of the time, date and place set for presenting the report and must provide them with a copy of the report.
SECTION 37 (2), to be amended to read:
(2) The date for commencing the protection hearing must not be more than 20 days after the conclusion of the presentation hearing, and the protection hearing must be concluded as soon as possible.
SECTION 67 (b), to be amended to read:
(b) admit any hearsay evidence of the child including videotapes of interviews that it considers reliable;
SECTION 71 (3), to be amended to read and to include the word in bold:
(3) If the child is an aboriginal child, the director may give priority to placing the child as follows:
SECTION 98 (3), to be amended to read:
(3) The court may make a restraining order if there are reasonable grounds to believe that a person is likely to molest or harass
(a) a caregiver, or
(b) a person who has custody of a child under a temporary custody order.
SECTION 126, by deleting section 126.
46 Mr. Neufeld to move, in Committee of the Whole on Bill (No. 46) intituled Child, Family and Community Service Act to amend as follows:
SECTION 19, to add the following paragraph:
(3) A written copy of an order obtained by telephone or any other means of telecommunication under subsections (1) or (2) must be provided to the director no later than 7 days after the granting of the order.
SECTION 31, by adding the following subsection:
(3) If notice is given orally under subsection (2), the director must deliver a written copy of that notice no later than 7 days after the oral notice was given.
SECTION 98 (3), by deleting the words "molest, harass or annoy" and by substituting therefor the words "molest or harass".
SECTION 102, by the deletion of subsection (3).
COMMITTEE OF SUPPLY
Report of Resolutions passed in Committee of Supply.
SECTION A: 14th, 18th and 27th of April, the 4th, 17th and 31st of May, the 2nd, 7th, 13th, 14th and 15th of June.
SECTION B: 20th of April, and the 10th and 17th of May.
Summary of completed Estimates of Ministry of Municipal Affairs completed in Section A.
Summary of completed Estimates of Ministry of Government Services completed in Section A.
Summary of completed Estimates of Ministry of Environment, Lands and Parks and Minister Responsible for Multiculturalism and Human Rights completed in Section A.
URGENT GOVERNMENT BUSINESS
(Friday only)
PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE
COMMITTEE
SECOND READING
PRIVATE BILLS
REFERRED TO SELECT STANDING COMMITTEE ON PARLIAMENTARY
REFORM, ETHICAL CONDUCT, STANDING ORDERS AND
PRIVATE BILLS
Bill (No. Pr 402) intituled TD Trust Company Act, 1994, PRINTED. Mr. Randall.
PRIVATE MEMBERS' STATEMENTS
(Friday only)
PUBLIC BILLS IN THE HANDS OF PRIVATE MEMBERS
SECOND READING
ADJOURNED DEBATE ON OTHER MOTIONS
E. GEORGE MacMINN, Q.C.
Clerk of the Legislative Assembly
Schedule A
MOTIONS ON NOTICE
Text is contained in the Order Paper of the Morning Sitting of this date.
Schedule B
WRITTEN QUESTIONS ON NOTICE
Text is contained in the Order Paper of the Morning Sitting of this date.
Schedule C
MEETINGS OF COMMITTEES
SELECT STANDING COMMITTEE ON PUBLIC ACCOUNTS
The Committee will meet at 8 o'clock to 9.30 o'clock a.m. each Tuesday (until further notice), in the Douglas Fir Room (Room 226).
Business: Matters Referred to the Committee.
F. Gingell, Chair
A. Hagen, Deputy Chair
[ Return to: Legislative Assembly Home Page ]
Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada