Nos. 5 and 6 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Thursday, October 9, 2014

Ten o’clock a.m.

Prayers by Mr. D. Routley.

The House proceeded to “Orders of the Day.”

The Hon. M. de Jong presented the First Report of the Special Committee of Selection for the Third Session of the Fortieth Parliament.

The Report was taken as read and received.

By leave, the Hon. M. de Jong moved that the Report be adopted.

Motion agreed to.

By leave, the Hon. M. de Jong moved —

That the Select Standing Committee on Children and Youth be appointed to foster greater awareness and understanding among legislators and the public of the B.C. child welfare system, and in particular to:

1. Receive and review the annual service plan from the Representative for Children and Youth (the “Representative”) that includes a statement of goals and identifies specific objectives and performance measures that will be required to exercise the powers and perform the functions and duties of the Representative during the fiscal year;

2. Be the committee to which the Representative reports, at least annually;

3. Refer to the Representative for investigation the critical injury or death of a child;

4. Receive and consider all reports and plans transmitted by the Representative to the Speaker of the Legislative Assembly of British Columbia; and,

5. Pursuant to section 30 (2) of the Representative for Children and Youth Act, S.B.C. 2006, c. 29, complete an assessment by April 1, 2015, of the effectiveness of section 6 (1) (b) in ensuring that the needs of children are met.

In addition to the powers previously conferred upon Select Standing Committees of the House, the Select Standing Committee on Children and Youth be empowered:

a) to appoint of their number one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

c) to conduct consultations by any means the committee considers appropriate;

d) to adjourn from place to place as may be convenient; and,

e) to retain personnel as required to assist the Committee;

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

Motion agreed to.

By leave, the Hon. M. de Jong moved —

That the Select Standing Committee on Health be empowered to:

1. Consider the conclusions contained in the Interim Report, October 2012, of the Select Standing Committee on Health of the 39th Parliament; as such, the Interim Report of the Select Standing Committee on Health, and any submissions and evidence received during the 39th Parliament, are referred to the Committee;

2. Outline potential alternative strategies to mitigate the impact of the significant cost drivers identified in the Report on the sustainability and improvement of the provincial health care system;

3. Identify current public levels of acceptance toward the potential alternative strategies; and,

4. Consider health capital funding options.

In addition to the powers previously conferred upon the Select Standing Committee on Health, the Committee shall be empowered:

a) to appoint of their number, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

c) to conduct consultations by any means the committee considers appropriate;

d) to adjourn from place to place as may be convenient; and,

e) to retain such personnel as required to assist the Committee;

and shall report to the House as soon as possible, or following any adjournment or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

Motion agreed to.

By leave, the Hon. M. de Jong moved —

1. That all reports of the Auditor General of British Columbia transmitted to the Speaker of the Legislative Assembly be deemed referred to the Select Standing Committee on Public Accounts, with the exception of the report referred to in section 22 of the Auditor General Act, S.B.C. 2003, c. 2, which is referred to the Select Standing Committee on Finance and Government Services; and,

2. That the Select Standing Committee on Public Accounts be the committee referred to in sections 6, 7, 10, 13 and 14 of the Auditor General Act, S.B.C. 2003, c. 2.

In addition to the powers previously conferred upon the Select Standing Committee on Public Accounts, the Committee be empowered:

a) to appoint of their number, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

c) to adjourn from place to place as may be convenient; and,

d) to retain personnel as required to assist the Committee;

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

Motion agreed to.

By leave, the Hon. M. de Jong moved —

That a Special Committee be appointed to review the Personal Information Protection Act in accordance with section 59 of the Personal Information Protection Act, S.B.C. 2003, c. 63, and in particular, without limiting the generality of the foregoing, the collection, use and disclosure of personal information by organizations.

The Special Committee shall submit a report arising out of the results of its inquiry to the Legislative Assembly by February 25, 2015.

The Special Committee shall have the powers of a Select Standing Committee and in addition is empowered:

a) to appoint of their number one or more subcommittees and to refer to such subcommittees any of the matters referred to the committee;

b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

c) to conduct consultations by any means the committee considers appropriate;

d) to adjourn from place to place as may be convenient; and,

e) to retain such personnel as required to assist the committee;

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

Motion agreed to.

By leave, the Hon. M. de Jong moved —

That a Special Committee to Review the Independent Investigations Office be appointed to examine, inquire into and make recommendations with respect to the administration and general operations of the Independent Investigations Office in accordance with section 38.13 of the Police Act, R.S.B.C. 1996, c. 367, and in particular:

1. To conduct, before January 1, 2015, a review of:

a) The administration and general operations of the Independent Investigations Office; and,

b) The Chief Civilian Director’s progress towards a goal of having an Independent Investigations Office that is staffed entirely with employees and Independent Investigations Office investigators who have never served as officers or members of a police or law enforcement agency.

2. To solicit and consider written and oral submissions from any interested person or organization by any means the committee considers appropriate.

3. To submit a report, including any recommendations respecting the results of the review, to the Legislative Assembly by February 25, 2015.

The Special Committee shall have the powers of a Select Standing Committee and in addition is empowered:

a) to appoint of their number one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

b) to sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

c) to adjourn from place to place as may be convenient; and,

d) to retain such personnel as required to assist the Committee;

and shall report to the House as soon as possible, or following any adjournment, or at the next following Session, as the case may be; to deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

Motion agreed to.

By leave, the Hon. M. de Jong moved —

A Special Committee on Local Elections Expense Limits be appointed to:

In Phase 1 — Examine, inquire into and make recommendations to the Legislative Assembly by November 27, 2014 on:

a) Principles for the relationship between elector organizations and their endorsed candidates with respect to expense limits, including how elector organizations and endorsed candidates share accountability for expense limits, with consideration for fairness between independent candidates and candidates endorsed by elector organizations.

b) Principles for establishing expense limits for third party advertisers, including whether there should be an overarching, cumulative limit on third party spending such as exists in provincial general elections.

The above recommendations to the Legislative Assembly shall inform the preparation of legislation to implement an expense limits system in local elections.

In Phase 2 — Examine, inquire into and make recommendations to the Legislative Assembly by June 12, 2015 on expense limit amounts for candidates, including, but not limited to, the general relationship between limits for the various offices, and for third party advertisers in local elections.

For Phase 2, the Special Committee shall specifically consider spending data from the 2014 local elections and other comparative information in making the above recommendations.

For both phases, the Special Committee shall undertake the above examinations with due regard for the following:

a) The Report of the Local Government Elections Task Force, including principles (May 2010);

b) The Expense Limits in Local Elections — Summary Report on Expense Limits Engagement (May 2014);

c) The Local Elections Campaign Financing Act, 2014, including its application to elections for mayors, councillors, electoral area directors, Islands Trust trustees, parks board commissioners and boards of education trustees;

d) The expense limits model approved by Government in July 2014, which is to have provincially-set limits for candidates and third party advertisers in local elections, with limits to be set using a flat-rate amount for jurisdictions under 10,000 people and a per capita formula for those over 10,000 and third party limits as a percentage of a candidate’s limit in the jurisdiction where the third party is advertising; and,

e) The nature of local elections and the differences between local and provincial election systems.

The Special Committee shall limit its consideration of campaign finance topics to forming recommendations on expense limits for local elections.

The Special Committee shall have all the powers of a Select Standing Committee and in addition is empowered to:

a) Appoint of their number, one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee;

b) Sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House;

c) Conduct consultations by any means the Committee considers appropriate;

d) Adjourn from place to place as may be convenient; and,

e) Retain personnel as required to assist the Committee.

The Special Committee shall report to the House on the above dates, or as soon as possible, and shall deposit the original of its reports with the Clerk of the Legislative Assembly during a period of adjournment and upon resumption of the sittings of the House, the Chair shall present all reports to the Legislative Assembly.

Motion agreed to.

1  The Hon. M. de Jong moved —

That the Standing Orders of the Legislative Assembly of British Columbia be amended as follows for the duration of the Third Session of the Fortieth Parliament, which commenced on October 6, 2014:

1. Standing Order 25 be deleted and the following substituted:

The daily routine business of the House shall be as follows:

Prayers (morning or afternoon sittings)

Introduction of Bills

Statements (Standing Order 25b) (afternoon sittings: Monday and Wednesday; morning sittings: Tuesday and Thursday)

Oral question period (30 minutes, afternoon sittings: Monday and Wednesday; 30 minutes, morning sittings: Tuesday and Thursday)


Presenting Petitions

Reading and Receiving Petitions

Presenting Reports by Committees


Motions on Notice

Written Questions on Notice

Proposed Amendments on Notice

Orders of the Day.

The order of business for consideration of the House day by day, after the above routine, shall, unless otherwise ordered, be as follows:

Monday

10 a.m. to 12 noon

(Private Members’  Time)

Private Members’ Statements (10 a.m.)

Public Bills in the hands of Private Members

Private Members’ Motions

Private Bills

Public Bills and Orders and Government Motions on Notice

No division, on Orders of the Day, will be taken in the House or in Committee of the Whole during Private Members’ Time, but where a division is requested, it will be deferred until thirty minutes prior to the ordinary time fixed for adjournment of the House on the Monday, unless otherwise ordered.

Monday (afternoon), Tuesday, Wednesday and Thursday

(Government Days)

Throne Speech Debate

Budget Debate including Committee of Supply

Public Bills and Orders and Government Motions on Notice

Private Bills

Public Bills in the hands of Private Members

Adjourned debate on other motions

2. Standing Order 47a be deleted and the following substituted:

There shall be a 30 minute Oral Question Period at the opening of each afternoon sitting on Monday and Wednesday and at the opening of each morning sitting on Tuesday and Thursday, which shall be subject to the following rules:

(a) only questions that are urgent and important shall be permitted;

(b) questions and answers shall be brief and precise, and stated without argument or opinion;

(c) supplementary questions may be permitted at the discretion of the Speaker. There shall be no supplementary question to a question taken on notice;

(d) debate shall not be permitted;

(e) points of order arising during Oral Question Period may, at the discretion of the Speaker, be deferred until Question Period has been completed;

(f) Oral Question Period shall not take place on the day of the Speech from the Throne.

A debate arose.

Motion agreed to, on division.

The Hon. L. Reid (Speaker) tabled the Representative for Children and Youth Report, Not Fully Invested, A Follow-up Report on the Representative’s Past Recommendations to Help Vulnerable Children in B.C., October 9, 2014.

Pursuant to Order, the House resumed the adjourned debate on the Address in Reply to the Speech of Her Honour the Lieutenant Governor at the opening of the Session.

The debate continued.

Ms. Trevena reserved her right to raise a matter of privilege.

The debate continued on the main motion.

On the motion of Mr. Simpson the debate was adjourned to the next sitting of the House.

And then the House adjourned at 11.57 a.m.

Thursday, October 9, 2014

One-thirty o’clock p.m.

The Hon. R. Coleman (Minister of Natural Gas Development and Minister Responsible for Housing and Deputy Premier) on behalf of the Hon. S. Thomson (Minister of Forests, Lands and Natural Resource Operations) presented to the Speaker a Message from Her Honour the Lieutenant Governor, which read as follows:

Judith Guichon
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 3) intituled Canadian Pacific Railway (Stone and Timber) Settlement Act and recommends the same to the Legislative Assembly.

Government House,

October 8, 2014.

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.

On the motion of Ms. Huntington, Bill (No. M 202) intituled Election Finance Amendment Act, 2014 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 Hon. M. Polak (Minister of Environment) tabled the following documents:

Letter regarding the investigation into the breach of the tailings pond at Mount Polley mine; and,

Lab reports regarding the breach of the tailings pond at Mount Polley mine.

Mr. B. Routley presented a petition regarding disability benefits.

The House proceeded to “Orders of the Day.”

Pursuant to Order, the House resumed the adjourned debate on the Address in Reply to the Speech of Her Honour the Lieutenant Governor at the opening of the Session.

The debate continued.

2  Mr. Weaver moved, seconded by Ms. Huntington

Be it resolved that the motion “We, Her Majesty’s most dutiful and loyal subjects, the Legislative Assembly of British Columbia, in session assembled, beg leave to thank Your Honour for the gracious Speech which Your Honour has addressed to us at the opening of the present session,” be amended by adding the following:

“and that the Legislative Assembly of British Columbia accepts the responsibility of demonstrating the leadership to choose growth, to move forward and create a legacy for our children, but also recognizes that this leadership means not gambling our future prosperity on a hypothetical windfall from LNG, and instead supports the development of a diversified, sustainable, 21st century economy.”

A debate arose.

The House divided.

The amendment was negatived on the following division.

Nays — 65
Horne
Sturdy
Bing
Yamamoto
McRae
Stone
Fassbender
Oakes
Rustad
Pimm
Sultan
Hamilton
Reimer
Ashton
Hunt
Sullivan
Cadieux
Lake
Polak
de Jong
Coleman
Anton
Bond
Letnick
Barnett
Yap
Thornthwaite
Dalton
Plecas
Lee
Kyllo
Tegart
Michelle Stilwell
Simpson
Robinson
Farnworth
Horgan
Corrigan
Fleming
Popham
Kwan
Conroy
Austin
Throness
Larson
Foster
Karagianis
Eby
Mungall
Bains
Shin
Donaldson
Krog
Trevena
D. Routley
Simons
Fraser
Bernier
Martin
Gibson
Moira Stilwell
Chouhan
Rice
Holman
B. Routley
Yeas — 1
Weaver

The debate resumed on the main motion.

The debate continued.

On the motion of Mr. D. Routley, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 5.54 p.m.

HON. LINDA REID, Speaker

NOTICE OF MOTIONS

Monday, October 20

3  Mr. Hamilton to move —

Be it resolved that this House encourage the government to strengthen our economy and create jobs in British Columbia by expanding and opening new markets abroad.

4  Ms. Tegart to move —

Be it resolved that this House supports securing non-treaty benefit agreements with First Nations.

5  Mr. Kyllo to move —

Be it resolved that this House continue to encourage private sector economic growth by keeping taxes low.

6  Mr. Martin to move —

Be it resolved that this House continue to work towards responsible and affordable long-term labour peace for the benefit of all British Columbians.