The following electronic version is for informational purposes only.
The printed version remains the official version.
One-Thirty o’clock p.m.
Prayers by Mr. Foster.
On the motion of Mr. S. Simpson, Bill (No. M 209) intituled Poverty Reduction Act, 2011 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.
On the motion of Mr. Rustad, Bill (No. M 210) intituled Workers’ Dues Transparency and Rights 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.
On the motion of Ms. Hammell, Bill (No. M 211) intituled Access to Prostate Cancer Screening Act, 2011 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.”
Mr. Penner presented a Report of the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills, as follows:
Report
Douglas Fir Room,
November 22, 2011
Mr. Speaker:
Your Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills begs leave to report that the preamble to Bill (No. Pr 401) intituled Gospel Riders Motorcycle Ministries (Corporate Restoration) Act, 2011 has been proved, and the Committee recommends to the House that the Bill proceed to Second Reading.
All of which is respectfully submitted.
B. Penner, Q.C., Chair
The Report was read and received.
By leave of the House, Mr. Penner moved that the Report be adopted.
Motion agreed to.
Pursuant to Standing Order 110 (2), Bill (No. Pr 401) to be placed on the Orders of the Day for second reading.
The Hon. S. Thomson (Minister of Forests, Lands and Natural Resource Operations) made a ministerial statement regarding earthquake and tsunami recovery projects in Japan.
Mr. Macdonald made a statement.
The House proceeded to “Orders of the Day.”
24 The Hon. M. Polak moved —
Be it resolved that, pursuant to section 38 of Chapter 2 of the Nisga’a Final Agreement, the Legislative Assembly of British Columbia consents to the amendments to the Nisga’a Final Agreement set out in the attached Nisga’a Final Agreement Amending Agreement.
THIS AMENDING AGREEMENT dated for reference and madeAMONG:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Indian Affairs and Northern Development
(“Canada”)
AND
HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Aboriginal Relations and Reconciliation
(“British Columbia”)
AND
THE NISGA’A NATION, as represented by the Nisga’a Lisims Government Executive
(“Nisga’a Nation”)
WHEREAS:
A. On May 11, 2000 the Nisga’a Final Agreement came into effect;
B. The Parties wish the Nisga’a Final Agreement to be amended so as to alter the boundaries of Anhluut’ukwsim Laxmihl Angwinga’asanskwhl Nisga’a, also known as the Nisga’a Memorial Lava Bed Park (the “Park”), by removing certain lands from the Park and to specify the requirements for making alterations to the boundaries of the Park;
C. The Nisga’a Final Agreement provides for its amendment and specifies requirements for amendment of its provisions; and
D. The Parties have determined that the processes set out paragraphs 37, 38 and 40 of Chapter 2 — General Provisions apply to the Park Boundary Amendments.
NOW THEREFORE the Parties agree as follows:
PART I — DEFINITIONS
1. In this Amending Agreement:
a) “Nisga’a Final Agreement” means the Nisga’a Final Agreement among the Nisga’a Nation, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of British Columbia, as it took effect on May 11, 2000;
b) “Appendix G-l” means the Appendix of that letter and number forming part of the Nisga’a Final Agreement;
c) “Appendix G-l Amendment” means the amendment to Appendix G-l set out in the Schedule to this Amending Agreement;
d) “Paragraph 104 Amendment” means the amendment to paragraph 104 of Chapter 3 — Lands set out in the Schedule to this Amending Agreement;
e) “Park Boundary Amendments” means the Appendix G-l Amendment and the Paragraph 104 Amendment; and
f) a reference to a Chapter by number or name is a reference to the Chapter of that number or name in the part of the Nisga’a Final Agreement containing the Preamble and Chapters 1 to 22.
2. Words and expressions appearing in this Amending Agreement that are not defined in this Amending Agreement but are defined in the Nisga’a Final Agreement have the meanings ascribed to them in the Nisga’a Final Agreement.
PART II — AMENDMENT
3. On March 29, 2011, the elected members of Nisga’a Lisims Government adopted a resolution in accordance with paragraph 40 of Chapter 2 — General Provisions giving consent to an amendment to Appendix G-1 which is reflected in part of the Appendix G-1 Amendment.
4. The Nisga’a Nation will recommend to the elected members of Nisga’a Lisims Government that they adopt a resolution in accordance with paragraph 40 of Chapter 2 — General Provisions giving consent to the entirety of the Appendix G-1 Amendment and the Paragraph 104 Amendment.
5. British Columbia will recommend to the Legislature of British Columbia that it adopt a resolution giving consent to the Park Boundary Amendments in accordance with paragraph 38 of Chapter 2 — General Provisions.
6. Canada will recommend to the Governor in Council that it pass an order giving consent to the Park Boundary Amendments in accordance with paragraph 37 of Chapter 2 — General Provisions.
7. The Park Boundary Amendments will take effect in accordance with paragraph 41 of Chapter 2 — General Provisions.
PART III — GENERAL
8. This Amending Agreement may be executed in as many counterparts as may be necessary, and may be signed by facsimile or other means of electronic communication producing a printed copy, each of which so signed will be deemed to be an original, and such counterparts together will constitute one and the same instrument and each of which so executed will be deemed to be an original and such counterparts together will constitute one and the same instrument.
FOR HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Indian Affairs and Northern Development / POUR SA MAJESTÉ LA REINE DU CHEF DU CANADA, représentée par le ministre des Affaires indiennes et du Nord canadien : signed in the province of Ontario, this ___ day of _______, 2011 / signé dans la province de Ontario, ce ___ jour de _____, 2011.
The Honourable _____, Minister of Indian Affairs and Northern Development / l’honorable _____, ministre des Affaires indiennes et du Nord canadien
Witnessed by / Témoin _____
FOR HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Aboriginal Relations and Reconciliation / POUR SA MAJESTÉ LA REINE DU CHEF DE LA COLOMBIE-BRITANNIQUE, représentée par le ministre des Aboriginal Relations and Reconciliation : signed in the province of British Columbia, this ___ day of _____, 2011 / signé dans la province de la Colombie Britannique, ce ___ jour de _____, 2011.
The Honourable _____, Minister of Aboriginal Relations and Reconciliation / l’honorable _____, ministre des Aboriginal Relations and Reconciliation
Witnessed by / Témoin _____
FOR THE Nisga’a NATION, as represented by the Nisga’a Lisims Government Executive / LA NATION Nisga’a, représentée par l’exécutif du gouvernement Nisga’a Lisims : signed in the province of British Columbia, this ___day of _____, 2011 / signé dans la province de la Colombie Britannique, ce ___ jour de _____, 2011.
H. Mitchell Stevens, President / H. Mitchell Stevens, Président _____
Witnessed by / Témoin _____
Schedule
1. Paragraph 104 of Chapter 3 — Lands is deleted and the following substituted:
104. The boundaries of the Park are as set out in Appendix G-l, which may be amended by agreement of the Nisga’a Nation and British Columbia.
2. Appendix G-l is amended by deleting “The whole containing approximately 17,893 hectares.” and substituting the following:
except (1) the Nisga’a Highway No. 113 as shown on Plan 6 Tube 1870 deposited in the Crown Land Registry; (2) from the north boundary of Plan 6 Tube 1870 heading in a northerly direction to the middle thread of Jay Creek, a 20 metre wide area of land centred on Nisga’a Highway No. 113; (3) from the middle thread of Jay Creek heading in a northerly, westerly and easterly direction to the east and west boundaries of the park, a 25 metre wide strip of land centred on all branches of Nisga’a Highway No. 113; (4) all land on which a provincial public undertaking, as defined in the Transportation Act, related to Nisga’a Highway No. 113 is located; (5) Anlaw Road as shown on Plan 11 Tube 1711 deposited in the Crown Land Registry; (6) the New Aiyansh Village proposed south access road shown in Figure 4.1 of the October 2006 report titled “New Aiyansh Village Government, Proposed South Access Road, Nisga’a Memorial Lava Bed Park — Boundary Adjustment Request”, on file 84220-25-0386 in BC Parks office in Victoria; and (7) all those parcels or tracts of Crown land, together with all that foreshore or land covered by water, contained within the following described boundaries and containing 10.5 hectares more or less:
commencing at the intersection of the northerly boundary of the park having a grid bearing of 63°00'00" and a length of 2.175 kilometres, and a line having a grid bearing of 159°46'28" through Zone 9 NAD 83 UTM coordinate N6106080.8m and E 503099.3m;
thence northeasterly along the said northerly boundary of the park 40.28 metres;
thence on a grid bearing of 159°46'28" a distance of 169.1 metres;
thence on a grid bearing of 69°46'28" a distance of 12.0 metres;
thence on a grid bearing of 159°46'28" a distance of 897 metres more or less to the intersection with a portion of the southerly boundary of the park;
thence southwesterly along the portion of the southerly boundary to a line drawn parallel to and perpendicularly distant 104 metres from the last described line bearing 159°46'28";
thence on a grid bearing of 339°46'28" a distance of 889 metres more or less to a point lying on a grid bearing of 249°46'28" from the southerly limit of the 169.1 metre boundary described above;
thence on a grid bearing of 69°46'28" a distance of 22.0 metres;
thence on a grid bearing of 339°46'28" a distance of 161 metres more or less to the northerly boundary of the park;
thence on a grid bearing of 63°00'00" and along the northerly boundary of the park a distance of 30.2 metres more or less to the point of commencement;
The whole containing approximately 17,781 hectares.
A debate arose.
Motion agreed to.
Bill (No. 16) intituled Family Law Act was again committed, reported complete without amendment, read a third time and passed.
And then the House adjourned at 6.57 p.m.
HON. BILL BARISOFF, Speaker
Tuesday, February 14
Mr. Sultan to introduce a Bill intituled Family Compensation Act Amendment Act, 2011.
Mr. Sultan to introduce a Bill intituled Limitation Act Amendment Act, 2011.
Ms. Kwan to introduce a Bill intituled Tenants’ Rights Protection Act, 2011.
Thursday, November 24
26 Ms. Conroy to move —
Be it resolved that this House urges the Government to ensure that DriveABLE and other functional driving evaluations are reasonably accessible to all British Columbians.
Tuesday, February 14
27 The Hon. R. Coleman to move —
Be it resolved that this House hereby authorizes the Committee of Supply for this Session to sit in two sections designated Section A and Section B; Section A to sit in such Committee Room as may be appointed from time to time, and Section B to sit in the Chamber of the Assembly, subject to the following rules:
1. The Standing Orders applicable to the Committee of the Whole House shall be applicable in both Sections of the Committee of Supply save and except that in Section A, a Minister may defer to a Deputy Minister to permit such Deputy to reply to a question put to the Minister.
2. All Estimates shall stand referred to Section A, save and except those Estimates as shall be referred to Section B on motion without notice by the Government House Leader, which motion shall be decided without amendment or debate and be governed by Practice Recommendation #6 relating to Consultation.
3. Section A shall consist of 17 Members, being 10 Members of the B.C. Liberal Party and 6 Members of the New Democratic Party and one Independent. In addition, the Deputy Chair of the Committee of the Whole, or his or her nominee, shall preside over the debates in Section A. Substitution of Members will be permitted to Section A with the consent of that Member’s Whip, where applicable, otherwise with the consent of the Member involved. For the fourth session of the Thirty-ninth Parliament, the Members of Section A shall be as follows: the Minister whose Estimates are under consideration and, Bill Bennett, Marc Dalton, Dave Hayer, Richard Lee, Norm Letnick, Pat Pimm, John Rustad, Donna Barnett and Jane Thornthwaite, and John Horgan, Shane Simpson, Harry Lali, Mable Elmore, Michelle Mungall and Sue Hammell, and Vicki Huntington.
4. At fifteen minutes prior to the ordinary time fixed for adjournment of the House, the Chair of Section A will report to the House. In the event such report includes the last vote in a particular ministerial Estimate, after such report has been made to the House, the Government shall have a maximum of eight minutes, and the Official Opposition a maximum of five minutes, and all other Members (cumulatively) a maximum of three minutes to summarize the Committee debate on a particular ministerial Estimate completed, such summaries to be in the following order:
(1) Other Members;
(2) Opposition; and
(3) Government.
5. Section B shall be composed of all Members of the House.
6. Divisions in Section A will be signalled by the ringing of the division bells four times.
7. Divisions in Section B will be signalled by the ringing of the division bells three times at which time proceedings in Section A will be suspended until completion of the division in Section B.
8. Section A is hereby authorized to consider Bills referred to Committee after second reading thereof and the Standing Orders applicable to Bills in Committee of the Whole shall be applicable to such Bills during consideration thereof in Section A, and for all purposes Section A shall be deemed to be a Committee of the Whole. Such referrals to Section A shall be made upon motion without notice by the Minister responsible for the Bill, and such motion shall be decided without amendment or debate. Practice Recommendation #6 relating to Consultation shall be applicable to all such referrals.
9. Bills or Estimates previously referred to a designated Committee may at any stage be subsequently referred to another designated Committee on motion of the Government House Leader or Minister responsible for the Bill as hereinbefore provided by Rule Nos. 2 and 8.
Thursday, November 24
7 Mr. Coons to ask the Hon. Minister of Public Safety and Solicitor General and Attorney General the following questions: —
Access to DriveABLE Assessment Centres:
1. Does the Government exercise the option to provide alternate assessments if a DriveABLE assessment centre is not accessible to the individual, per section 6.6.2 of the 2010 BC Guide in Determining Fitness to Drive?
2. Under what circumstances would the government exercise the option to provide an alternate assessment, if a DriveABLE assessment centre is not accessible to the individual?
3. What thresholds are being used by the Government to determine whether a DriveABLE assessment centre is accessible to an individual?
4. Does the contract between the Government and DriveABLE include a list of testing facility locations that must be operational?
5. What are the requirements with respect to regional access of testing facilities in the DriveABLE contract?
6. What are the requirements with respect to mobile testing facilities in the DriveABLE contract?
7. When will the Government, through DriveABLE, open a mobile testing facility?
8. When will the Government, through DriveABLE, open a testing facility to service citizens in North Eastern British Columbia?
9. When will the Government, through DriveABLE, open a testing facility to service citizens in North Western British Columbia?
DriveABLE Accountability:
10. Has the Minister conducted a review of DriveABLE since it was introduced in British Columbia?
11. Are there terms of review in the contract between the Government and DriveABLE?
12. Will the Government release the contract between the Government and DriveABLE?
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