Votes -- No. 98 -- Wednesday, October 29, 2003 -- Two o'clock p.m.

2003 Legislative Session: 4th Session, 37th Parliament

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

[ Progress of Bills . . . ]

No. 98

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Wednesday, October 29, 2003

Two o'clock p.m.

Prayers by the Hon. R. Neufeld.

The Hon. S. Hagen (Minister of Sustainable Resource Management) 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. 88) intituled Private Managed Forest Land Act and recommends the same to the Legislative Assembly.

Government House,
October 27, 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.

Order called for "Members' Statements."

Order called for "Oral Questions by Members."

The Speaker delivered his reserved decision as follows:

Honourable Members:

During the afternoon sitting on Monday, the Leader of the Opposition rose on a point of order relating to a ministerial statement made by the Government House Leader on Thursday, October 23rd, immediately following Question Period. Essentially, the Member's objection was that she had not received an advance copy of the ministerial statement and therefore was not in a position to make a timely and appropriate response.

The Government House Leader, in his response to the point of order, stated that while governments try to provide advance notice of ministerial statements to the Chair and the Opposition, such advance notice is not always possible and in any event there is no statutory or other obligation imposing this practice.

The Government House Leader further stated that the information provided to the House was in fact not provided to him until the end of the Question Period, and in any event the Leader of the Opposition was not in the House at the time. Had she been in the House at the time and requested a right of reply, it would have been granted.

The timing of and content of ministerial statements has been thoroughly examined in the earlier decisions of the House and I refer Honourable Members to two decisions recorded in the Journals of the House: one on March 20, 1987, at page 26, and another on April 27, 1999, at page 231. I commend these decisions to Members who wish to examine the matter further.

The Chair has examined the contents of the ministerial statement and considered the circumstances under which it was made and can find no breach of order. Indeed, the ministerial statement dealt with the matter which had just been canvassed in Question Period, and the Chair feels that the ability of the House to respond promptly to matters of concern should be encouraged.

Touching briefly on the matter of replies to ministerial statements, this House has on occasion permitted a deferred reply to a ministerial statement, but clearly each case must be decided on its individual merit.

The Chair encourages notice be given wherever possible but neither the rules of this House nor its precedents indicate that such notice is mandatory.

Claude Richmond, Speaker

The Speaker made a statement relating to Oral Question Period, and observance of the rules set forth in Standing Order 47A.

The House proceeded to "Orders of the Day."

By leave, Bill (No. Pr 406) intituled Ver-Tel Communications Ltd. (Corporate Restoration) Act, 2003 was read a second time, and by leave, committed, reported complete without amendment, and by leave, read a third time and passed.

By leave, Bill (No. Pr 407) intituled Buron Construction Ltd. (Corporate Restoration) Act, 2003 was read a second time, and by leave, committed, reported complete without amendment, and by leave, read a third time and passed.

By leave, Bill (No. Pr 408) intituled Buron Construction (1986) Ltd. (Corporate Restoration) Act, 2003 was read a second time, and by leave, committed, reported complete without amendment, and by leave, read a third time and passed.

Bill (No. 72) intituled Manufactured Home Act was committed, reported complete with amendment, and by leave, read a third time and passed.

On the motion for second reading of Bill (No. 86) intituled Business Corporations Amendment Act (No. 2), 2003, a debate arose.

Bill (No. 86) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

On the motion for second reading of Bill (No. 87) intituled Unclaimed Property Amendment Act (No. 2), 2003, a debate arose.

Bill (No. 87) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

On the motion for second reading of Bill (No. 63) intituled Youth Justice Act, a debate arose.

The debate continued.

On the motion of the Hon. G. Plant, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 5.59 p.m.

CLAUDE RICHMOND, Speaker

NOTICE OF MOTIONS

Monday, November 3


103 Mr. Johnston to move--: Be it resolved that this House recognizes that safety and security is of primary importance to British Columbians and encourages strategies to reduce youth crime.

PUBLIC WRITTEN QUESTIONS


Date answered: October 29, 2003

11 Adriane Carr, Leader, Green Party of British Columbia, asked the Hon. the Minister of Sustainable Resource Management, regarding the Minister's responsibility for Land Use and Coast Planning -- Working Forest Initiative, the following question:--: Will the Working Forest Initiative, enabled by Bill 46, which is intended to give the timber industry certainty, obstruct new park creation or land settlements with First Nations, or increase compensation to logging companies, or facilitate privatizing our public lands? Since it is unclear what certainty the Working Forest Initiative provides, and it has garnered massive public opposition -- with 97 percent of people responding to your consultation opposed -- will you withdraw Bill 46?

The Hon. S. Hagen replied as follows:

Overview

The Land Amendment Act, 2003, (Bill 46), provides the legislative authority to implement the New Era commitment that is intended to "establish a working forest landbase, to provide greater stability for working families and to enhance long-term forestry management and planning". As such, it is intended to give certainty to the broad range of forest resource sectors, as well as communities and workers that depend on the forest landbase, not just the "timber industry". This certainty is essential for continued economic investments and development for this province's landbase resource sectors such as tourism, agriculture, and mining, as well as timber. Further, Bill 46 reflects the government's commitment to a sustainable environment.

Creation of new parks

Bill 46 does not prevent the creation of new parks since Cabinet can still decide to establish a new park. To do so, Cabinet would be required to delete the land from the "Working Forest" prior to creating the land as a new park. In this regard, while it is important to remember that this province has largely completed its protected areas system over the last decade and now it is time to increase certainty for the economy, this government recognizes that some new parks and protected areas will likely be recommended as a result of the remaining LRMP processes underway, particularly on the central and north coast and Haida Gwaii (Queen Charlotte Islands) and therefore Cabinet may have to make a decision on whether or not to accept such a recommendation. Further, I fully support our New Era commitment . . . which is "Ensure Cabinet decisions on any new parks are made in public."

First Nations' land settlements

Bill 46 will not limit or prevent land settlements with First Nations as a result of a treaty negotiation decision. And the government will have to consult and where appropriate accommodate First Nation interests.

Increased compensation to logging companies

It is the opinion of the government, supported by legal opinion from lawyers with the Ministry of Attorney General, that Bill 46 will not increase compensation to logging companies. The intent of any "Working Forest" designation is to signal the government's strategic commitment to making Crown forest land available over the long-term for forest management activities. But it is clearly recognized that this will still be within the current legislative framework of the Forest Act, Forest Practices Code of British Columbia Act and the Forest and Range Practices Act and within the concept of integrated forest management for the broad range of forest resources and sectors.

Facilitate privatizing public lands

Bill 46 will not facilitate the privatization of public Crown lands. In particular, the government recognizes that the public is concerned about the selling off of Crown forest land to the forest industry and therefore it has explicitly retained Section 23 of the Land Act to ensure that the selling of Crown land for forestry purposes remains illegal. In addition, the intent of Bill 46 will establish that Crown forest land is intended for long-term forest management activities and therefore any proposed disposition of land for purposes other than forestry must meet a clear "highest and best use" test before it can be sold.

Withdrawal of Bill 46

The government has carefully considered the public responses that have come forward during the public review period. In by far the majority of cases, it is clear that the public comment was predicated on a misreading or misunderstanding of the intent of Bill 46 and the "Working Forest" Initiative. Therefore, government has clarified the intent of this initiative where necessary, as is evidenced by this written response to the House, and will continue moving forward with Bill 46 and its implementation.

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