No. 72 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Wednesday, May 13, 2015

One-thirty o’clock a.m.

Prayers by Ms. Barnett.

The Hon. C. Clark (Premier) advised the House of the death of John Slater, a former Member of the Legislative Assembly.

Mr. Horgan made a statement.

On the motion of Ms. James, Bill (No. M 219) intituled Franchise 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 Mr. Weaver, Bill (No. M 220) intituled Recall and Initiative Amendment Act, 2015 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 called for Committee of Supply.

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

Bill (No. 11) intituled Education Statutes Amendment Act, 2015 was again committed.

In consideration of section 16 of Bill (No. 11), the Committee divided as follows:

The Committee rose, reported progress and asked leave to sit again.

Bill to be considered at the next sitting.

(In Committee — Section A)

Section A of Committee of Supply reported progress of the estimates of the Ministry of Natural Gas Development.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

(In Committee — Section C)

Section C of Committee of Supply reported progress of the estimates of the Ministry of Health.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 6.54 p.m.

HON. LINDA REID, Speaker

NOTICE OF BILLS

Thursday, May 14

Ms. Popham to introduce a Bill intituled British Columbia Local Food Act.

NOTICE OF MOTIONS

Monday, May 25

17  Mr. Fleming to move —

Be it resolved that this House call on government to work collaboratively with its kindergarten to grade twelve education partners to support quality public education so that all children have every opportunity to meet their full potential.

18  Hon. J. Rustad to move —

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 (No. 3).

NISGA’A FINAL AGREEMENT
AMENDING AGREEMENT
(No. 3)  

THIS AMENDING AGREEMENT is dated for reference October 29, 2014.

BETWEEN:

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 Nisga’a Final Agreement provides for its amendment and specifies requirements for amendment of various of its provisions.

C.  The parties to the Nisga’a Final Agreement previously agreed to make certain amendments to the Nisga’a Final Agreement 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 specifying the requirements for making alterations to the boundaries of the Park in paragraph 104 of Chapter 3 – Lands.

D.  The Parties have determined that under paragraph 104 of Chapter 3 – Lands (as amended), only the consents of the Nisga’a Nation and British Columbia are required to alter the boundaries of the Park, and that the processes set out in paragraphs 38 and 40 of Chapter 2 – General Provisions apply to the amendments proposed in this Amending Agreement.

E.  The Parties now propose additional amendments to the Nisga’a Final Agreement set out in Part II of this Amending Agreement to further alter the boundaries of the Park by removing certain lands from the Park.

F.  The alterations to the boundaries of the Park set out in Part II of this Amending Agreement will also be included in amendments proposed to Schedule “D” to the Protected Areas of British Columbia Act, S.B.C. 2000, c. 17 (the “Protected Areas Amendment”).

G.  The Parties acknowledge that the amendments to the Nisga’a Final Agreement set out in Part II of this Amending Agreement should precede the Protected Areas Amendment.

NOW THEREFORE the Parties agree that:  

a) the proposed amendments to the Nisga’a Final Agreement set out in Part II of this Amending Agreement be recommended

i. by the Nisga’a Lisims Government Executive to Wilp Si’ayuukhl Nisga’a, and

ii. by the Minister of Aboriginal Relations and Reconciliation to the Legislature of British Columbia; and

b) British Columbia will not bring the Protected Areas Amendment into force until the proposed amendments set out in Part II of this Amending Agreement take effect in accordance Part III of this Amending Agreement.

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, as amended;

b) “Appendices” means the part of the Nisga’a Final Agreement containing the Introduction and Appendices A - M, and includes the table of contents to that part;

c) “Parties” means the parties to this Amending Agreement and “Party” means any one of them;

d) 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 - 22; and

e) a reference to an Appendix by letter or number is a reference to the Appendix of that letter or number in the Appendices.

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 – AMENDMENTS REQUIRING CONSENT  

3.  Appendix G-1 is deleted, and the document entitled “Appendix G-1” and the map following that document attached to this Amending Agreement are substituted.

PART III – PROCEDURES  

4.  The proposed amendments set out in Part II of this Amending Agreement will take effect in accordance with paragraph 41 of Chapter 2 – General Provisions, on the date that the last Party required to consent to the amendments gives its consent.

5.  This Amending Agreement may be signed in one or more counterparts. A signed counterpart may be delivered by one Party to another Party by facsimile transmission and a facsimile so transmitted will constitute an original document. Signed counterparts held by a Party, taken together, will constitute one and the same instrument.

FOR HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Aboriginal Relations and Reconciliation, signed this _______ day of ______________________, 2014.

___________________________________

The Honourable John Rustad, Minister of Aboriginal Relations and Reconciliation

Witnessed by _________

FOR THE NISGA’A NATION, as represented by the Nisga’a Lisims Government Executive, signed this _______ day of ______________________, 2014.

___________________________________

H. Mitchell Stevens, President

Witnessed by _________

Schedule

APPENDIX G PARKS AND ECOLOGICAL RESERVE

Appendix G-1 Map and description of Anhluut’ukwsim Laxmihl Angwinga’asanskwhl Nisga’a, the Nisga’a Memorial Lava Bed Park

[Appendices are available for inspection at the Office of the Clerk.]

Copyright (c) Queen’s Printer, Victoria, British Columbia, Canada