1994 Legislative Session: 3rd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
No. 104
OF THE
Legislative Assembly of British Columbia
Thursday, June 30, 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 Mr. Dalton to introduce a Bill intituled Election Finances Reform Act.
8 Mr. K. Jones to introduce a Bill intituled Protection of B.C. Heritage Artifacts Act.
9 Mr. Fox to introduce a Bill intituled Members' Conflict of Interest Amendment Act (Double-Dipping), 1994.
10 Mr. Weisgerber to introduce a Bill intituled Free Votes Enabling Act, 1994.
11 Mr. Weisgerber to introduce a Bill intituled Initiative Act, 1994.
12 Mr. Weisgerber to introduce a Bill intituled Recall Act, 1994.
13 Mr. Neufeld to introduce a Bill intituled Fixed Election Dates Act, 1994.
14 Ms. Tyabji to introduce a Bill intituled Children's Protection Act.
15 Ms. Tyabji to introduce a Bill intituled Youth Ombudsman's Act.
16 Ms. Tyabji to introduce a Bill intituled Admissible Evidence Act.
17 Ms. Reid to introduce a Bill intituled Victims of Domestic Violence Protection 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, and
SECTION 107, by deleting section 107.
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) Despite subsections (2) and (3), a candidate is disqualified as described in section 91 of the Municipal Act or section 63 of the Vancouver Charter, as applicable, and an elector organization is 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.
25 Ms. Tyabji to move, in Committee of the Whole on Bill (No. 25) intituled Municipal Affairs Statutes Amendment Act, 1994 to amend as follows:
SECTION 42, by adding the following subsections:
(d) "contingency plan" means, for the purpose of Section 947 of the Act, a plan which provides for compensation for individuals affected by future commitments of British Columbia, or Canada, another local government or an agent of any of them. This compensation may include a plan to relocate a residence, a business, or an agricultural business, or may be straight financial compensation.
(e) "compensation" means, for the purpose of Section 947 of the Act, an agreement reached to offset real costs and hardship of individuals affected by a future commitment of the government of British Columbia, or Canada, another local government or an agent of any of them.
(f) "parameters of a contingency plan" are those guidelines determined in negotiation with property owners affected by a future commitment of the government of British Columbia, or Canada, another local government or an agent of any of them, and the party making the commitment, and includes a market value appraisal of the affected property. It may also include a long-term transitional plan for the moving of a residence or business.
SECTION 106, by deleting section 106 (6) and adding the following subsection:
(2.1) (i) For the purposes of subsection (2) (a), an official community plan is not inconsistent if the funding which may be required in relation to a matter is dependent, in whole or in part, on a commitment of the government of British Columbia, or Canada, another local government or an agent of any of them.
(ii) Where a commitment of the government of British Columbia, or Canada, another local government or an agent of any of them, applies to private property, negotiations must be conducted with the owner of the property to provide a contingency plan, for residency or replacement of property, to ensure that the interests of the property owner are met with due compensation.
(iii) No future commitment of the government of British Columbia, or Canada, another local government or an agent of any of them, may be accepted by a local government as consistent with an official community plan until an interim agreement, representing the parameters of a contingency plan, is reached with private property owners and such agreement is filed with the local government.
(iv) It is not the intention of this act for negotiations or development of a contingency plan to involve litigation by or against the property owners in order that they receive market value for their property.
26 The Hon. P. Ramsey 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 9.1, by adding the following section:
9.1 Section 21 is amended
(a) in subsection (1) by striking out everything after "of those payment schedules", and
(b) by repealing subsection (9).
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.
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 "to inform the proponent and the project committee, within the same prescribed period as that prescribed for the purpose of section 24, that the approval applied for under specified enactment" and substituting "to inform the proponent and the project committee, within the same prescribed period as that prescribed for the purpose of section 29 (2), that, subject to any order that may be made under section 34 (2), the approval applied for under the specified enactment". (Replaces previous notice of amendment.)
SECTION 62 (2),
(a) in the proposed paragraph (n) by adding ", report" after "terms of reference", and
(b) by adding the following paragraph:
(y) any compliance agreement made under section 70.
SECTION 93,
(a) by adding the following subsection:
(3.1) An application or matter must be continued and disposed of under this Act as an application for a project approval certificate if
(a) immediately before this subsection comes into force, the application or matter pertains to a project that
(i) is a type of project for which one or more approvals under other enactments are required, and
(ii) is the subject of an existing proposal made by a person who does not have all of the required approvals under other enactments, and
(b) on the date this section comes into force, the project is a reviewable project. ,
(b) by deleting the proposed subsection (4) (a) and (b) and substituting the following:
(a) specifying the step in the review process under this Act to which an application or matter described in subsection (3) or (3.1) must proceed, or
(b) varying the review process to the extent necessary to accommodate the review under this Act of that application or matter. , and
(c) by deleting the proposed subsection (6) and substituting the following:
(6) Records that before the coming into force of this section were filed or submitted
(a) under the Utilities Commission Act, the Mine Development Assessment Act or the major project review process, or
(b) in support of an application or matter referred to in subsection (3.1),
may be accepted by the executive director in full or partial fulfillment of the requirements of this Act.
36 Mr. Serwa to move, in Committee of the Whole on Bill (No. 36) intituled Recall and Initiative Act to amend as follows:
SECTION 6, in subsection (2) by adding the following: "unless employed for that purpose, and so stating to each person canvassed prior to such person signing the initiative petition."
SECTION 7, in subsection (1) by deletion of the words "90 days", and by substitution of the words "6 months".
SECTION 7, by deletion of the phrase "for each electoral district".
SECTION 14, by deletion of the date "1996", and by substitution of the date "1995".
SECTION 14, by deleting the word "third".
SECTION 15, subsection (1), by inserting, in paragraph (a), after the words "British Columbia" the following phrase: "who cast valid ballots in the initiative vote," .
SECTION 15, subsection (1), by deleting that portion of paragraph (b) which follows the first appearance of the word "in", and by substituting the following: "the province cast valid ballots in the initiative vote."
SECTION 19, subsection (2), by the addition of the following paragraph:
(e) the political affiliation, if any, of the voter, and of any person acting in concert with the voter in preparing, drafting, or filing, or in initiating the preparing, drafting or filing of the application, including any such affiliation held within 12 months prior to the filing of the application.
SECTION 21, by deleting the phrase "the last election of the member", and by substituting "the issuance of the recall petition".
SECTION 22, in subsection (2), by the addition of the following: "unless employed for that purpose, and so stating to each person canvassed prior to such person signing the recall petition".
SECTION 23, by deleting from paragraph (a) the number "60" and substituting the number "90".
SECTION 23, by deleting from paragraph (b) the ratio "40%" and by substituting "20%".
SECTION 25 (1), by deleting the final period, and by adding the following: "Following the holding of a recall petition endorsation vote, held in accordance with rules established by the Chief Electoral Officer, in which a majority of those casting valid ballots vote to recall the member named in the recall petition."
SECTION 29, by adding the following to paragraph (f ) of subsection (2): "prior to the date of the recall or initiative vote, as the case may be."
36 Mr. H. De Jong to move, in Committee of the Whole on Bill (No. 36) intituled Recall and Initiative Act to amend as follows:
SECTION 19, by adding the following subsection:
(5) No application for the issuance of a recall petition shall be accepted where, in the opinion of the Ombudsman, upon a reference by the Member named, the substance of the statement required by this section is that the Member has implemented or assisted in implementing a policy or policies publicly advocated by the Member, or by his or her political party in the election or by-election in which the Member was most recently elected.
40 Mr. Serwa to move, in Committee of the Whole on Bill (No. 40) intituled Forest Practices Code of British Columbia Act to amend as follows:
SECTION 1, by adding the following subsection:
(6) The objects of this Code are:
(a) to maximize long-term employment and employment income to British Columbians from our forests; and,
(b) to enhance the stability of community life in the forested regions of the province.
It is recognized that sustaining timber supply levels for commercial harvest is a major consideration in meeting these objects.
SECTION 1.1, by adding the following section:
Compensation
1.1 Nothing in this Act shall be construed so as to remove or reduce the government's obligation to pay compensation for loss of timber or cutting rights to a landowner or to the holder of a licence or other tenure under the Forest Act.
SECTION 3, by adding the following subsection:
(10) A person who believes that he has suffered loss in value of land, timber, or cutting rights by virtue of the operation of sections 3, 4, 5 or 6 of this Act, other than loss which is not compensatable under the terms of the Forest Act, may apply to the Minister for compensation equal to the fair market value of the compensatable loss, and such compensation, subject to judicial review, must be paid within one year of the loss being claimed.
SECTION 8.1, by adding the following section:
Service Delivery Standards
8.1 The Minister must develop service delivery standards which ensure timely, equitable, and fair service by the Ministry of Forests of all applicants, including enhanced service levels for those who meet specified levels of outstanding compliance with the Code.
SECTION 126.1, by adding the following section:
Review of Rules
126.1 (1) All rules, regulations, and prescriptions under this Act must meet the following standards:
(a) safety,
(b) objectivity based on sound current forest science,
(c) cost effectiveness,
(d) technical achievability,
(e) administrative efficiency,
(f) fairness to competing operators,
(g) appropriate applicability to varying sites and situations, and,
(h) clear likelihood of producing measurable and desirable, or tangible and desirable outcomes wherever applied.
(2) A person subject to the same may appeal any rule, regulation, or prescriptions under this Act, by way of binding independent review, conducted by a person or persons agreed upon by the Chief Forester and the applicant for review.
(3) Where the Chief Forester and the applicant for review cannot so agree, the binding independent review shall be by a person or persons selected in that instance by the Ombudsman.
(4) The person or persons conducting the binding independent review may make such order as they deem appropriate under the circumstances, and such order shall then be deemed to have full force and effect under the terms of this Act.
(5) An order under subsection (4) may include an order as to the costs of the appeal.
(6) No further appeal of the same, or substantially the same subject matter may be heard within a year following an order under subsection (4), save by order of the Ombudsman.
SECTION 127, in subsection (1), by deleting the phrase: "section 82, 95 (2) or 117 to 120", and by substituting: "this Act."
SECTION 162.1, by adding the following section:
Due Diligence
162.1 No person shall be guilty of any offence, or subject to any penalty, under this Act where they can demonstrate that they exercised all due diligence and care to prevent or avoid the harm or loss with which they are charged.
50 The Hon. J. Smallwood to move, in Committee of the Whole on Bill (No. 50) intituled Residential Tenancy Amendment Act, 1994 to amend as follows:
SECTION 7, (moved):
(a) in the proposed section 18.2 be deleting "most recent calendar year" and substituting "most recently completed calendar year", and
(b) in the proposed section 18.3 (1) (b) by deleting "most recent calendar year," and substituting "most recently completed calendar year,".
51 Mr. Dalton to move, in Committee of the Whole on Bill (No. 51) intituled Family Maintenance Enforcement Amendment Act, 1994 to amend as follows:
SECTION 21: Section 23 (1.2) with the written consent of the creditor
SECTION 21: Section 23 (a) (1.3) delete
SECTION 24: Add after "or the director" -- "with the written consent of the creditor".
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, 15th and 21st of June.
SECTION B: 20th of April, and the 10th and 17th of May, the 23rd, 28th and 29th of June.
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
REPORT
COMMITTEE
SECOND READING
PRIVATE BILLS
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
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