2004 Legislative Session: 5th Session, 37th Parliament

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

[ Progress of Bills . . . ]

No. 58

VOTES AND PROCEEDINGS

OF THE

Legislative Assembly of British Columbia

Wednesday, April 28, 2004

Two o'clock p.m.

Prayers by Mr. Mayencourt.

The Hon. G. Bruce (Minister of Skills Development and Labour) made a ministerial statement recognizing April 28, 2004, as a day of mourning for workers who have lost their lives as a result of work-related accidents or occupational diseases, and requested that the House observe a minute of silence.

The House observed a minute of silence.

Ms. MacPhail made a statement.

On the motion of Ms. MacPhail, Bill (No. M 201) intituled Health Care Services Continuation Act was introduced, read a first time, and 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 House proceeded to "Orders of the Day."

Order for Committee of Supply called.

Pursuant to Sessional Order, order called for Section A of Committee of Supply.

Bill (No. 31) intituled Nanaimo and South West Water Supply Act was committed, reported complete without amendment, read a third time and passed.

On the motion for second reading of Bill (No. 26) intituled College and Institute Amendment Act, 2004, a debate arose.

Bill (No. 26) 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. 27) intituled Agricultural Land Commission Amendment Act, a debate arose.

Bill (No. 27) 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. 34) intituled Provincial Revenue Statutes Amendment Act, 2004, a debate arose.

Bill (No. 34) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

Pursuant to Sessional Order, order called for Section B of Committee of Supply.

(In Committee -- Section B)

Section B of Committee of Supply reported progress of the estimates of the Ministry of Attorney General and Ministry Responsible for Treaty Negotiations.

Report to be considered later today.

Committee to sit again later today.

(In Committee -- Section A)

Section A of Committee of Supply reported progress of the estimates of the Ministry of Transportation.

Report to be considered later today.

Committee to sit again later 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. 37) intituled Health Sector (Facilities Subsector) Collective Agreement Act and recommends the same to the Legislative Assembly.

Government House,
April 28, 2004.

Bill introduced and read a first time.

The Hon. G. Collins proposed that, pursuant to Standing Order 81, the Bill be permitted to be advanced all stages this day.

The House recessed until 6:45 p.m.

Ms. MacPhail made representations.

The Speaker declared a short recess.

The Speaker delivered his reserved decision as follows:

Honourable Members:

I have before me a request by the Government to advance Bill (No. 37) intituled Health Sector (Facilities Subsector) Collective Agreement Act through all stages this day under the provisions of Standing Order 81.

Standing Order 81 reads as follows:

"Every Bill shall receive three readings, on different days, prior to being passed. After the second reading it shall be ordered for committal on a subsequent day. On urgent or extraordinary occasions, a Bill may be read twice or thrice or advanced two or more stages in one day."

The question for the Chair to determine is whether or not the present circumstances amount to an "urgent or extraordinary occasion". It should be stated that the Chair is acutely aware that the decision to advance a bill through several stages in one day, is not one taken lightly and the precedents of this House and of the authorities are clear that the Chair must be satisfied that the existing situation requires the normal procedural rules to be set aside.

I have listened with great care to the representations made by the Government and the Opposition and have concluded that the deteriorating circumstances in the health-care sector require action by this House. I have concluded that the situation can only worsen if measures are not taken to restore health services. A further note is that this situation is not confined to any one locality, but is province-wide.

I must, however, make further observations in relation to the nature of the bill itself. The bill does considerably more than order the return to work -- it imposes a contract on health-care workers and, as such, gives the Chair considerable difficulty in coming to a decision under Standing Order 81.

The question the Chair must balance in these circumstances is whether the form of the bill removes it from the embrace of Standing Order 81, and as the Leader of the Opposition stated in her remarks, it gives the Chair serious difficulty.

However, it is the Chair's view that a continuation of the existing strike puts thousands of British Columbians at risk and to prolong this situation for three or more days would, in the Chair's view, be unacceptable.

I have had great difficulty in coming to a decision on this application, but I must, on balance, make my decision based on the representations I have received that there is a legitimate crisis resulting from the withdrawal of the workforce, and it is paramount that the workers return to the workplace at the earliest possible moment.

While I am granting the Government's application that Bill (No. 37) may proceed through all stages this day, the Chair is of the view that a bill drafted in such a way as to cast too wide a net may not qualify under Standing Order 81.

Claude Richmond, Speaker

On the motion for second reading of Bill (No. 37) intituled Health Sector (Facilities Subsector) Collective Agreement Act a debate arose.

The debate continued.

Ms. MacPhail moved the following amendment--

That the motion for second reading of Bill (No. 37) be amended by deleting all the words after "that" and substituting the following:

"Bill (No. 37) intituled Health Sector (Facilities Subsector) Collective Agreement Act be not read a second time because:

1. an alternative to this legislation is already before the House in the form of the Health Care Services Continuation Act, which would see the employer and employees go back to the bargaining table, thus ending the current job action in the health care sector;

2. this bill will only result in further conflict and reduced standards of care for patients in British Columbia."

The debate on the amendment continued.

The House divided.

The amendment was negatived on the following division:

The House continued to sit past midnight.

The debate was resumed on the main motion.

The debate continued.

Motion agreed to on the following division:

Bill (No. 37) read a second time.

On the motion of the Hon. G. Bruce, Bill (No. 37) was referred to Committee of the Whole House to be considered forthwith.

Bill (No. 37) was committed.

Section 2 of Bill (No. 37) passed, on division.

In consideration of section 3 of Bill (No. 37) the Committee divided as follows:

Ms. MacPhail moved an amendment to section 4 (2) of Bill (No. 37) which was defeated on the following division:

In consideration of section 4 of Bill (No. 37) the Committee divided as follows:

Ms. MacPhail moved an amendment to section 5 (3) of Bill (No. 37) which was defeated on the following division:

In consideration of section 5 of Bill (No. 37) the Committee divided as follows:

Bill (No. 37) was reported complete without amendment, read a third time, on division, and passed.

By leave, the Hon. G. Bruce (Minister of Skills Development and Labour) tabled documents referred to during committee stage of Bill (No. 37).

The Speaker declared a short recess.

Her Honour the Lieutenant Governor having entered the House, and being seated in the Chair--

E. George MacMinn, Q.C., Clerk of the House, read the titles to the following Acts:

Bill (No. 5) Budget Measures Implementation Act, 2004.

Bill (No. 6) Taxation Statutes Amendment Act, 2004.

Bill (No. 12) Education Statutes Amendment Act, 2004.

Bill (No. 13) Environmental Management Amendment Act, 2004.

Bill (No. 14) Vancouver Tourism Levy Enabling Act.

Bill (No. 16) Water, Land and Air Protection Statutes Amendment Act, 2004.

Bill (No. 17) Land Survey Statutes Amendment Act, 2004.

Bill (No. 18) Miscellaneous Statutes Amendment Act, 2004.

Bill (No. 19) Education Services Collective Agreement Amendment Act, 2004.

Bill (No. 24) Motor Dealer Amendment Act, 2004.

Bill (No. 25) Wildfire Act.

Bill (No. 28) Coal Act.

Bill (No. 29) Mineral Tenure Amendment Act, 2004.

Bill (No. 31) Nanaimo and South West Water Supply Act.

Bill (No. 32) Society Amendment Act, 2004.

Bill (No. 37) Health Sector (Facilities Subsector) Collective Agreement Act.

Bill (No. Pr 401) B.J. Field Service Ltd. (Corporate Restoration) Act, 2004.

Bill (No. Pr 402) Kidd Resources Ltd. (Corporate Restoration) Act, 2004.

Bill (No. Pr 403) Pheidias Project Management (1979) Corp. (Corporate Restoration) Act, 2004.

Her Honour was pleased in Her Majesty's name to give assent to the said Acts.

The said assent was announced by E. George MacMinn, Q.C., Clerk of the House, 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.

The Hon. G. Collins moved--

That the House at its rising stand adjourned until 2 o'clock p.m. today.

Motion agreed to.

And then the House adjourned at 6.37 a.m.

CLAUDE RICHMOND, Speaker

NOTICE OF MOTIONS

Monday, May 3

 

 114  Ms. MacPhail to move--

Be it resolved that this House encourage the Government of British Columbia to approach its dealings with First Nations, particularly regarding the sale of BC Rail Ltd. to CN, with an emphasis on honesty, clarity and respect.

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