1994 Legislative Session: 3rd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
No. 111
OF THE
Legislative Assembly of British Columbia
Thursday, July 7, 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.
18 Ms. Stephens to introduce a Bill intituled Teachers' Freedom of Association 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
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.
29 Mr. Neufeld to move, in Committee of the Whole on Bill (No. 29) intituled Environmental Assessment Act to amend as follows:
SECTION 54 (3), after law "but evidence that would be admissible in a court of law will carry more weight than other evidence." (Moved.)
36 The Hon. C. Gabelmann to move, in Committee of the Whole on Bill (No. 36) intituled Recall and Initiative Act to amend as follows:
SECTION 35, in the proposed section 35 (1) by deleting "or 22 (2) or (3)" and substituting ", 22 (2) or (3), 33 or 34".
SECTION 42.1, by adding the following section:
Transitional
42.1 During the 35th Parliament, the Select Standing Committee on Justice, Constitutional Affairs and Intergovernmental Relations is deemed to be the select standing committee referred to in 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.
36 Mr. Weisgerber to move, in Committee of the Whole on Bill (No. 36) intituled Recall and Initiative Act to amend as follows:
SECTION 1, by deleting the words "refreshment, entertainment, office, placement, employment and any other benefit of any kind" from the definition of "inducement".
SECTION 3, by inserting a new subsection (6) to read:
(6) If a dispute arises over compliance with any of the criteria listed in subsections (2) to (5), it shall be decided in the following manner:
(a) if the dispute arises over an issue under subsections (2) or (3), the Chief Electoral Officer may decide it on his own authority;
(b) if a dispute arises over an issue under subsection (4), the Chief Electoral Officer must submit the question to a select standing committee of the legislative assembly for a ruling; and
(c) if a dispute arises over an issue under subsection (5), the Chief Electoral Officer must allow the proponent to decide whether, in his opinion, the legislative proposal is the same or substantially similar to the initiative proposal in question.
SECTION 4, by deleting the words "90 days" and inserting the words "180 days" therefor.
SECTION 6 (1), by deleting the words "has been a resident in British Columbia for at least 6 months" and inserting the words "is a resident of British Columbia" therefor.
SECTION 6 (3), by deleting the words "pay, give, lend or" and inserting the words "give or" therefor.
SECTION 7 (1),
in paragraph (a), by deleting the words "90 days" and inserting the words "180 days" therefor; and,
in paragraph (b), by deleting the words "10% of the total number of voters for each electoral district in British Columbia" and inserting the words "6% of the total number of voters in British Columbia in the case of a legislative proposal, and 3% of the total number of voters in British Columbia in the case of a repeal of an Act or sections of an Act" therefor.
SECTION 11 (2) (a), by deleting the words "the next session of the Legislative Assembly" and inserting the words "the earliest practicable opportunity" therefor.
SECTION 12, by deleting the words "the next or current session of the Legislative Assembly" wherever it appears, and inserting the words "the earliest practicable opportunity" therefor.
SECTION 13 (3), by deleting the word "may" and inserting the word "must" therefor.
SECTION 14, by deleting the words "on September 28, 1996 and on the last Saturday of September every third year after that date" and insert the words "on the second anniversary of the previous provincial election, or on the day of the next provincial election, whichever is first" therefor.
SECTION 15 (a), by deleting the words "voters in British Columbia vote in favour of the initiative" and inserting the words "votes cast are cast in favour of the initiative" therefor.
SECTION 16, by deleting the words "the next or current session of the Legislative Assembly" wherever it appears, and inserting the words "the earliest practicable opportunity" therefor.
SECTION 16, by adding the number "(1)" before the words "If the Chief Electoral Officer declares" and adding two new subsections to read:
(2) Any bill introduced to the legislature as a result of this section must be given priority over all other government bills, except for supply bills.
(3) All votes on the Bill in its entirety shall be treated as votes of confidence in the government.
SECTION 19, by deleting paragraphs (c) and (d ).
SECTION 19 (4), by deleting the words "during the 18 months following the last election" and inserting the words "until after the commencement of the first sitting of the legislature following the last election" therefor.
SECTION 20, by deleting the number "60" and inserting the number "180" therefor.
SECTION 21, by deleting the words "on the date of the last election of the Member, was" and inserting the word "is" therefor.
SECTION 22 (1), by deleting the words "has been a resident in British Columbia for at least 6 months" and inserting the words "is a resident of British Columbia" therefor.
SECTION 22 (3), by deleting the words "pay, give, lend or" and inserting the words "give or" therefor.
SECTION 23 (a), by deleting the number "60" and inserting the number "180" therefor.
SECTION 23 (b), by deleting the number "40" and inserting the number "12" therefor.
SECTION 25, by deleting the words "the Member ceases to hold office and the seat of the Member becomes vacant" and inserting the words "the Chief Electoral Officer must hold a recall referendum in the Member's constituency as soon as practicable within 60 days" therefor.
SECTION 25, by deleting subsection (2) and inserting two new subsections therefor to read:
(2) The question submitted to voters on the recall referendum shall be:
Do you want to recall your Member of the Legislative Assembly, (name of Member) .
(3) The Chief Electoral Officer must report the results of the recall vote to the Member and to the Speaker of the Legislative Assembly as soon as possible after counting of the ballots is completed.
SECTION 26, by deleting the words "recall petition" and inserting the words "recall referendum" therfor.
SECTION 29, by deleting subsection (3).
SECTION 29 (4), by inserting the words "recall votes" between the words "initiative petitions" and the words "and initiative votes".
SECTION 30, by deleting subsection (2) and inserting a new subsection (2) therefor to read:
(2) Regulations made under subsection (1) may:
(a) establish requirements for reporting of the methodology of opinion surveys
(b) restrict the publishing and broadcast of opinion surveys not accompanied by an explanation of the methodology
(c) establish regulations requiring advertisers to offer equitable time and access to advertising
but may in no way be used to restrict freedom of speech and expression.
SECTION 30 (3), by inserting the words "recall votes" between the words "initiative petitions" and the words "and initiative votes".
SECTION 33 (1), by deleting the words "pay, give, lend or" and inserting the words "give or" therefor.
SECTION 33 (3), by deleting the words "advance, pay or otherwise".
ORDERS OF THE DAY
COMMITTEE OF SUPPLY
URGENT GOVERNMENT BUSINESS
(Friday only)
PUBLIC BILLS AND ORDERS AND GOVERNMENT MOTIONS ON NOTICE
REPORT
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.
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