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. Throness.
The Hon. J. Horgan (Premier) made a ministerial statement regarding the death of three workers at an arena in Fernie.
Mr. Clovechok made a statement.
The Hon. D. Eby (Attorney General) 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. 11) intituled Provincial Court Amendment Act, 2017 and recommends the same to the Legislative Assembly.
Government House,
October 17, 2017.
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.
Order called for “Members’ Statements.”
Order called for “Oral Questions by Members.”
The Hon. J. Darcy (Minister of Mental Health and Addictions) made a ministerial statement regarding Persons Day.
Ms. Bond made a statement.
Mr. de Jong made representations regarding the application of Standing Order 18 to Bill (No. 5) intituled Constitution Amendment Act, 2017.
The Speaker stated he would take the matter under advisement.
The House proceeded to “Orders of the Day.”
Order called for Committee of Supply.
Pursuant to Sessional Order, order called for Section A of Committee of Supply.
The House resumed the adjourned debate on the motion for second reading of Bill (No. 2) intituled Budget Measures Implementation Act, 2017.
The debate continued.
The House divided.
Motion agreed to on the following division:
| Yeas — 44 | |||
| Chouhan Kahlon Begg Brar Heyman Donaldson Mungall Bains Beare Chen Popham | Trevena Sims Chow Kang Simons D’Eith Routley Ma Elmore Dean Routledge | Singh Leonard Glumac Darcy Simpson Robinson Farnworth Horgan James Eby Dix | Ralston Mark Fleming Conroy Fraser Chandra Herbert Rice Krog Furstenau Weaver Olsen |
| Nays — 39 | |||
| Cadieux Rustad Bond de Jong Coleman Wilkinson Kyllo Stone Bernier Wat | Johal Lee Hunt Barnett Tegart Martin Throness Davies Sullivan Polak | Morris Stilwell Ashton Oakes Thomson Ross Isaacs Milobar Thornthwaite Clovechok | Yap Redies Paton Gibson Sultan Reid Letnick Larson Foster |
Bill (No. 2) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.
The Speaker delivered his reserved decision as follows:
Honourable Members:
Earlier today, the Opposition House Leader sought guidance as to the application of Standing Order 18, which states, “No Member is entitled to vote upon any question in which he or she has a direct pecuniary interest, and the vote of any Member so interested shall be disallowed.”
The Opposition House Leader raised the matter in relation to continuing debate on Bill (No. 5) intituled Constitution Amendment Act, 2017, which proposes to amend legislation, by changing the definition of “leader of a recognized political party” by reducing the required threshold of “4 or more Members” to “2 or more Members”.
In practical terms, the implication of this amendment is that the Independent Members affiliated with the Green Party would become a “recognized political party” and its leader, the Member for Oak Bay-Gordon Head, would presumably become the “leader of a recognized political party” within the meaning of section 1 of the Constitution Act.
By virtue of the Members Remuneration and Pensions Act, the Member as party leader would, consequently, be entitled to increased annual compensation, as would the Member for Saanich North and the Islands and the Member for Cowichan Valley, if they were to accept additional responsibilities for other party positions, such as House Leader or Party Whip.
The question is whether the Member for Oak Bay-Gordon Head (or the other Independent Members affiliated with the Green Party) have a “direct pecuniary interest” in the passage of section 1 of Bill (No. 5).
It is well recognized by prior Speakers’ rulings on Standing Order 18 that a direct pecuniary interest must be immediate and personal if a Member is to be prevented from voting. The matter cannot be of a general or remote character, nor would it include the remuneration or benefits of a Member.
This view is supported by numerous parliamentary authorities. See Parliamentary Practice in British Columbia, 4th edition, pages 37 and 45 and Erskine May, 24th edition, page 83.
Bill (No. 5) deals with the number of Members required for recognized party status; the increase in salary would result from provisions in other legislation, which provide increased compensation to Leaders and other officials of recognized parties, and is therefore indirect.
Generally, Members of the Legislative Assembly should not be prevented from voting on the rules that establish (directly or indirectly) their entitlement to compensation. While doing so has the effect of providing them with pecuniary benefits, these decisions are expressions of the basic right held by parliaments that a House must be allowed to govern itself.
Further, in this case, I find that the interest of the Members affected is not personal. The benefit attaches to a position, namely, the leadership of a recognized political party, not to the Member for Oak Bay-Gordon Head, or any specific Member personally.
Accordingly, I thank the Opposition House Leader for raising this matter and providing an opportunity to clarify that Standing Order 18, does not prevent any Members of this Legislative Assembly, from participating in the debate and voting on Bill (No. 5).
Hon. Darryl Plecas, Speaker
On the motion for second reading of Bill (No. 5) intituled Constitution Amendment Act, 2017, a debate arose.
The debate continued.
On the motion of Mr. Kahlon, the debate was adjourned to the next sitting of the House.
(In Committee — Section A)
30. Resolved, That a sum not exceeding $18,749,654,000 be granted to Her Majesty to defray the expenses of Ministry of Health, Ministry Operations, to 31st March, 2018.
Section A of Committee of Supply reported the Resolution and completion of the estimates of the Ministry of Health.
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 Health) to be considered at the next sitting.
And then the House adjourned at 6.51 p.m.
Hon. Darryl Plecas, Speaker
Monday, October 23
7 Ms. Cadieux to move —
Be it resolved that this House support the implementation of ride sharing in British Columbia in 2017.
Thursday, October 19
2 Mr. Throness to ask the Hon. Minister of Health the following question:—
1. Could the Minister provide, from the Fraser Health Authority, the number of private sector senior care beds available within its geographic area, and the number of private senior care beds in that area which are not currently being utilized?
Copyright (c) Queen’s Printer, Victoria, British Columbia, Canada