Nos. 73 and 74 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Thursday, May 14, 2015

Ten o’clock a.m.

Prayers by Ms. Thornthwaite.

On the motion of Ms. Trevena, Bill (No. M 221) intituled Provincial Shipbuilding 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 Hon. L. Reid (Speaker) tabled the Representative for Children and Youth Report, Paige’s Story, Abuse, Indifference and a Young Life Discarded, May 2015.

The Hon. T. Wat (Minister of International Trade and Minister Responsible for Asia Pacific Strategy and Multiculturalism) tabled the Report on Multiculturalism, 2013/14.

Mr. Dalton presented a petition regarding residential well water supply in Whonnock (Maple Ridge).

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.

Section 32 of Bill (No. 11) passed, on division.

Section 33 of Bill (No. 11) passed, on division.

Section 40 of Bill (No. 11) passed, on division.

Section 47 of Bill (No. 11) passed, on division.

Section 48 of Bill (No. 11) passed, on division.

Section 49 of Bill (No. 11) passed, on division.

On the motion that the Committee rise and report Bill (No. 11) complete without amendment, the Committee divided.

Motion agreed to on the following division:

Yeas — 43
Horne
Sturdy
Bing
Hogg
Yamamoto
Michelle Stilwell
Stone
Fassbender
Oakes
Wat
Thomson
Rustad
Wilkinson
Pimm
Hamilton
Reimer
Morris
Hunt
Cadieux
Lake
Polak
de Jong
Clark
Coleman
Anton
Bond
Bennett
Letnick
Barnett
Yap
Thornthwaite
McRae
Plecas
Lee
Kyllo
Tegart
Throness
Bernier
Larson
Foster
Martin
Gibson
Moira Stilwell
Nays — 29
Hammell
Simpson
Robinson
Farnworth
James
Dix
Ralston
Corrigan
Fleming
Popham
Kwan
Conroy
Chandra Herbert
Karagianis
Eby
Bains
Elmore
Shin
Heyman
Darcy
Krog
Trevena
D. Routley
Simons
Rice
Holman
B. Routley
Huntington
Weaver

Bill (No. 11) reported complete without amendment.

On the motion for third reading of Bill (No. 11) the House divided.

Motion agreed to on the following division:

Yeas — 42
Horne
Sturdy
Bing
Hogg
Yamamoto
Stone
Fassbender
Oakes
Wat
Thomson
Rustad
Wilkinson
Pimm
Hamilton
Reimer
Morris
Hunt
Cadieux
Lake
Polak
de Jong
Clark
Coleman
Anton
Bond
Bennett
Letnick
Barnett
Yap
Thornthwaite
McRae
Plecas
Lee
Kyllo
Tegart
Throness
Bernier
Larson
Foster
Martin
Gibson
Moira Stilwell
Nays — 30
Hammell
Simpson
Robinson
Farnworth
James
Dix
Ralston
Corrigan
Fleming
Popham
Kwan
Conroy
Chandra Herbert
Karagianis
Eby
Bains
Elmore
Shin
Heyman
Darcy
Krog
Trevena
D. Routley
Simons
Chouhan
Rice
Holman
B. Routley
Huntington
Weaver

Bill (No. 11) was read a third time and passed.

(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 12.10 p.m.

Thursday, May 14, 2015

One-thirty o’clock p.m.

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. 20) intituled Election Amendment Act, 2015 was committed.

Section 1 of Bill (No. 20) passed, on division.

In consideration of a proposed amendment by Mr. Holman on the Order Paper to section 3 of Bill (No. 20), the Committee divided.

The amendment was defeated on the following division:

Nays — 40
Horne
Sturdy
Bing
Hogg
Yamamoto
Stone
Fassbender
Oakes
Wat
Thomson
Rustad
Wilkinson
Pimm
Hamilton
Reimer
Morris
Hunt
Sullivan
Cadieux
Lake
Polak
de Jong
Coleman
Anton
Bond
Letnick
Barnett
Thornthwaite
McRae
Plecas
Lee
Kyllo
Tegart
Throness
Bernier
Larson
Foster
Martin
Gibson
Moira Stilwell
Yeas — 29
Hammell
Robinson
Farnworth
James
Dix
Ralston
Corrigan
Fleming
Popham
Conroy
Austin
Chandra Herbert
Karagianis
Eby
Bains
Elmore
Shin
Heyman
Darcy
Krog
Trevena
D. Routley
Simons
Fraser
Rice
Holman
B. Routley
Huntington
Weaver

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

Bill to be considered at the next sitting.

(In Committee — Section A)

38. Resolved, That a sum not exceeding $23,872,000 be granted to Her Majesty to defray the expenses of Ministry of Natural Gas Development, Ministry Operations, to 31st March, 2016.

39. Resolved, That a sum not exceeding $408,393,000 be granted to Her Majesty to defray the expenses of Ministry of Natural Gas Development, Housing, to 31st March, 2016.


Section A of Committee of Supply reported the Resolutions and completion of the estimates of the Ministry of Natural Gas Development and further reported progress of the estimates of the Ministry of Finance.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

By agreement, summary of debate of estimates passed in Section A (Ministry of Natural Gas Development) to be considered 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.

The Speaker declared a short recess.

His Honour the Administrator having entered the House, and being seated in the Chair —

Kate Ryan-Lloyd, Deputy Clerk and Clerk of Committees, read the titles to the following Acts:

Bill (No. 2) BC Transportation Financing Authority Transit Assets and Liabilities Act.

Bill (No. 9) Workers Compensation Amendment Act, 2015.

Bill (No. 11) Education Statutes Amendment Act, 2015.

Bill (No. 14) Tobacco Control Amendment Act, 2015.

Bill (No. 15) Motor Vehicle Amendment Act, 2015.

Bill (No. 17) Guide Dog and Service Dog Act.

Bill (No. 18) Administrative Tribunals Statutes Amendment Act, 2015.

Bill (No. 19) Civil Resolution Tribunal Amendment Act, 2015.

Bill (No. 21) Fish and Seafood Act.

Bill (No. 22) Special Wine Store Licence Auction Act.

Bill (No. 23) Miscellaneous Statutes Amendment Act, 2015.

Bill (No. 24) Societies Act.

Bill (No. 26) Liquefied Natural Gas Income Tax Amendment Act, 2015.

Bill (No. 27) Liquor Control and Licensing Act.

Bill (No. Pr 401) World Wide Marriage Encounter Society (Corporate Restoration) Act, 2015.

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

The said assent was announced by Kate Ryan-Lloyd, Deputy Clerk and Clerk of Committees, in the following words:

“In Her Majesty’s name, His Honour the Administrator doth assent to these Acts.”

His Honour the Administrator was then pleased to retire.

And then the House adjourned at 5.51 p.m.

HON. LINDA REID, Speaker

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.]