2003 Legislative Session: 4th Session, 37th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
No. 28
OF THE
Wednesday, March 12, 2003
Two o'clock p.m.
Prayers by Mr. Les.
The Hon. J. Reid (Minister of Transportation) presented to the Speaker a Message from Her Honour the Lieutenant Governor, which read as follows:
Iona Campagnolo
Lieutenant Governor
The Lieutenant Governor transmits herewith Bill (No. 18) intituled Coastal Ferry Act and recommends the same to the Legislative Assembly.
Government House,
March 11, 2003.
Bill introduced and read a first time.
Bill Ordered to be placed on the Orders of the Day for second reading at the next sitting after today.
The Hon. G. Bruce (Minister of Skills Development and Labour) presented to the Speaker a Message from Her Honour the Lieutenant Governor, which read as follows:
Iona Campagnolo
Lieutenant Governor
The Lieutenant Governor transmits herewith Bill (No. 21) intituled University of British Columbia Services Continuation Act and recommends the same to the Legislative Assembly.
Government House,
March 12, 2003.
Bill introduced and read a first time.
The Hon. G. Bruce proposed that, pursuant to Standing Order 81, the Bill be permitted to be advanced all stages this day.
Order called for "Members' Statements."
Order called for "Oral Questions by Members."
The House proceeded to "Orders of the Day."
Bill (No. 15) intituled Unclaimed Property Amendment Act, 2003, was committed, reported complete without amendment, read a third time and passed.
The Speaker declared a recess for consideration of the application of Standing Order 81 to Bill (No. 21) intituled University of British Columbia Services Continuation Act.
Ms. MacPhail made representations.
The Hon. G. Collins made representations.
The Hon. G. Bruce made representations.
The Speaker declared a short recess.
The Speaker delivered his reserved decision as follows:
Honourable Members:
The question before me is whether under Standing Order 81 an urgent or extraordinary occasion exists wherein Bill 21 intituled University of British Columbia Services Continuation Act may be advanced through more than one stage in one day. I have examined the Bill and listened to the arguments which were ably presented by both sides of the House.
The Bill deals with the labour situation at one institution only, namely, University of British Columbia. It is limited in effect to the period from the present to the end of the month, namely 19 days, at which time it expires. The Government House Leader states that student exams are scheduled to commence in 20 days and that a strike will have a direct impact on the academic year of a large number of students.
In their arguments both House Leaders dealt with Speaker Barnes' ruling of April 26, 1996, wherein he ruled that Standing Order 81 would not be applied where a Bill was too broad in scope. The Bill in that case, Education and Health Collective Bargaining Assistance Act, extended beyond the scope of a labour dispute involving the Surrey school district.
The Opposition House Leader argued that this Bill is too broad and in particular that the definition of "Trade Union" in section 1 allows the Government to designate a union by regulation. It is my view that the definition of "Trade Union" must be read in light of the definition of "Employer" in section 1, which is limited to the University of British Columbia.
It is my view that the limitation of the scope and duration of the Bill at hand distinguish it from the Bill considered by Speaker Barnes.
I am also of the view that the actions with which the Bill is concerned will have an immediate and detrimental effect on the academic year of a large number of students.
Accordingly, I am of the view that the case has been made out for the application of Standing Order 81 so that Bill 21 may advance through all stages.
Claude Richmond, Speaker
On the motion for second reading of Bill (No. 21) intituled University of British Columbia Services Continuation Act a debate arose.
The debate continued.
The House recessed until 6.30 p.m.
The debate continued.
On the motion for second reading of Bill (No. 21) intituled University of British Columbia Services Continuation Act, the House divided.
Motion agreed to on the following division:
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YEAS -- 26 |
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Coell |
Clark Bond de Jong Nebbeling Coleman Penner Jarvis |
Nuraney Mayencourt Johnston Locke Nijjar Visser |
K. Stewart Suffredine Sultan Sahota Hawes Manhas |
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| MacPhail | |||
On the motion of the Hon. G. Bruce, Bill (No. 21) was referred to Committee of the Whole House to be considered forthwith.
In consideration of section 1 of Bill (No. 21) the Committee divided as follows:
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YEAS -- 26 |
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Hogg |
Bond de Jong Nebbeling Coleman Penner Jarvis Nuraney |
Bell Mayencourt Johnston Locke Nijjar Visser |
K. Stewart Suffredine Sultan Sahota Hawes Manhas |
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| MacPhail | |||
In consideration of section 2 of Bill (No. 21) the Committee divided as follows:
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YEAS -- 39 |
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Hogg |
Thorpe Murray Bond Nebbeling Coleman Chong Penner Jarvis Anderson Nuraney |
Brenzinger Bell Mayencourt Johnston Belsey Christensen Locke Nijjar Wong Visser |
Lekstrom Cobb K. Stewart Bloy Suffredine Sultan Sahota Hawes Manhas |
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| MacPhail | |||
Bill (No. 21) was reported complete without amendment.
On the motion for third reading of Bill (No. 21) the House divided.
Motion agreed to on the following division:
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YEAS -- 39 |
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Hogg |
Nebbeling Coleman Penner Jarvis Anderson Nuraney Brenzinger Bell Mayencourt Trumper |
Johnston Belsey Christensen Krueger Locke Nijjar Wong Visser Lekstrom MacKay |
Cobb K. Stewart Bloy Suffredine Sultan Hamilton Sahota Hawes Manhas |
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| MacPhail | |||
Bill (No. 21) read a third time and passed.
The Speaker declared a short recess.
Her Honour the Lieutenant Governor having entered the House, and being seated in the Chair --
Ian D. Izard, Esq., Law Clerk and Clerk Assistant, read the titles to the following Acts:
Bill (No. 3) Small Business Venture Capital Amendment Act, 2003.
Bill (No. 6) Budget Measures Implementation Act, 2003.
Bill (No. 7) Income Tax Amendment Act, 2003.
Bill (No. 8) Employee Investment Amendment Act, 2003.
Bill (No. 9) Auditor General Act.
Bill (No. 11) Miscellaneous Statutes Amendment Act, 2003.
Bill (No. 13) Freedom of Information and Protection of Privacy Amendment Act, 2003.
Bill (No. 15) Unclaimed Property Amendment Act, 2003.
Bill (No. 21) University of British Columbia Services Continuation Act.
Her Honour was pleased in Her Majesty's name to give assent to the said Acts.
The said assent was announced by Ian D. Izard, Esq., Law Clerk and Clerk Assistant, in the following words:
"In Her Majesty's name, Her Honour the Lieutenant Governor doth assent to these Acts."
Her Honour the Lieutenant Governor was then pleased to retire.
And then the House adjourned at 8.23 p.m.
CLAUDE RICHMOND, Speaker
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