Nos. 59 and 60 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Tuesday, November 28, 2017

Ten o’clock a.m.

Prayers by Ms. Kang.

Order called for “Members’ Statements.”

Order called for “Oral Questions by Members.”

The House proceeded to “Orders of the Day.”

16  Hon. M. Farnworth moved —

Be it resolved that this House authorize the Select Standing Committee on Crown Corporations to examine, inquire into and make recommendations on ridesharing in British Columbia;

That the Committee be authorized to meet for up to 3 days to hear from expert witnesses;

That the Committee shall limit its consideration to forming recommendations on the following in its report:

– How provinces with public auto insurance companies have provided, or are looking to provide, insurance to both transportation network companies and the taxi industry;

– Assessing the impact transportation network companies would have on different communities across the province; and,

– Considering the regulatory regime that may be established between the Province and municipalities, including looking at the issue of public safety.

In addition to the powers previously conferred upon the Select Standing Committee on Crown Corporations, 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 adjourn from place to place as may be convenient; and

d. to retain personnel as required to assist the Committee,

and shall report as soon as possible to the House, but no later than February 15, 2018, 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.

A debate arose.

Mr. de Jong moved the following amendment —

That Motion 16 be amended as follows:

In the second paragraph, by deleting the words “for up to 3 days”;

In the third paragraph, second bullet, by deleting the word “Assessing”; and

In the third paragraph, second bullet, by adding the words, “existing taxi licensees, those employed in the taxi industry, and” after the words “would have on”.

The House divided.

The amendment was negatived on the following division:

The debate resumed on the main motion.

The House divided.

Motion agreed to on the following division:

And then the House adjourned at 11.45 a.m.

Tuesday, November 28, 2017

One-thirty o’clock p.m.

The House proceeded to “Orders of the Day.”

14  The Hon. S. Fraser (Minister of Indigenous Relations and Reconciliation) moved —

Be it resolved that, pursuant to clause 6 of Chapter 23 of the Tsawwassen First Nation Final Agreement, the Legislative Assembly of British Columbia consents to the amendments to the Tsawwassen First Nation Final Agreement set out in the attached Tsawwassen First Nation Final Agreement First Amending Agreement.

TSAWWASSEN FIRST NATION FINAL AGREEMENT FIRST AMENDING AGREEMENT  

THIS FIRST AMENDING AGREEMENT (this “Amending Agreement”) is dated for reference July 17,  2017.

AMONG:

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

TSAWWASSEN FIRST NATION, as represented by Chief Bryce Williams

(“Tsawwassen First Nation”).

WHEREAS:

A.  On April 3, 2009, the Tsawwassen First Nation Final Agreement came into effect.

B.  The Tsawwassen First Nation Final Agreement provides for its amendment and specifies requirements for the amendment of various of its provisions.

C.  The Parties agree to propose the amendments to the Tsawwassen First Nation Final Agreement set out in Part II of this Amending Agreement, in order to:

1. Update Appendix C-4 (Parcel Description of Tsawwassen Lands):

a. with the legal descriptions and parcel identifiers as of the Effective Date; and

b. to amend the legal descriptions and parcel identifiers for two parcels, after new survey plans were prepared and registered after the Effective Date, to accurately reflect the natural water boundaries as of the Effective Date;

2. Update Appendix E-2 (Parcel Description of Other Tsawwassen Land), Part 1 (Fraser River Parcels) and Part 2 (Boundary Bay Parcels) with the legal descriptions and parcel identifiers as of the Effective Date;

3. Update Appendix E-3, Part 1 (List of Interests on Fraser River Parcels) and Appendix E-3, Part 2 (List of Interests on Boundary Bay Parcels) with legal descriptions and parcel identifiers as of the Effective Date; and

4. Update Appendix G-2 (Parcel Description of Tsawwassen Lands included in the Agricultural Land Reserve) and Appendix G-3 (Parcel Description of Tsawwassen Lands Excluded from the Agricultural Land Reserve) with legal descriptions and parcel identifiers as of the Effective  Date.

D.  The Parties have determined that the processes set out in clauses 3, 5, 6, 8 and 9 of Chapter 23 – Amendment apply to the proposed amendments set out in Part II of this Amending Agreement.

NOW THEREFORE the Parties agree that the proposed amendments to the Tsawwassen First Nation Final Agreement set out in Part II of this Amending Agreement be recommended:  

a) by Chief Bryce Williams to the Tsawwassen First Nation Government;

b) by the Minister of Indian Affairs and Northern Development to the Governor in Council; and

c) by the Minister of Aboriginal Relations and Reconciliation to the Legislature of British Columbia.

PART I – DEFINITIONS AND INTERPRETATION  

1.  In this Amending Agreement:

“Tsawwassen First Nation Final Agreement” means the Tsawwassen First Nation Final Agreement among the Tsawwassen First Nation, Her Majesty the Queen in right of Canada and Her Majesty the Queen in right of British Columbia as it took effect on April 3, 2009.

2.  A reference to a Chapter by number or name is a reference to the chapter of that number or name in the Tsawwassen First Nation Final Agreement.

3.  A reference to an Appendix by letter or number is a reference to the Appendix of that letter or number in the Appendices to the Tsawwassen First Nation Final Agreement.

4.  Words and expressions appearing in this Amending Agreement that are not defined in this Amending Agreement but are defined in the Tsawwassen First Nation Final Agreement have the meanings ascribed to them in the Tsawwassen First Nation Final Agreement.

PART II – AMENDMENTS  

5.  Appendix C-4 is deleted, and the document entitled “Amended Appendix C-4” attached to this Amending Agreement is substituted.

6.  Part 1 of Appendix E-2 is deleted, and the document entitled “Amended Part 1 of Appendix E-2” attached to this Amending Agreement is substituted.

7.  Part 2 of Appendix E-2 is deleted, and the document entitled “Amended Part 2 of Appendix E-2” attached to this Amending Agreement is substituted.

8.  Part 1 of Appendix E-3 is deleted, and the document entitled “Amended Part 1 of Appendix E-3” attached to this Amending Agreement is substituted.

9.  Part 2 of Appendix E-3 is deleted, and the document entitled “Amended Part 2 of Appendix E-3” attached to this Amending Agreement is substituted.

10.  Appendix G-2 is deleted, and the document entitled “Amended Appendix G-2” attached to this Amending Agreement is substituted.

11.  Appendix G-3 is deleted, and the document entitled “Amended Appendix G-3” attached to this Amending Agreement is substituted.

PART III – PROCEDURES  

12.  The proposed amendments set out in Part II of this Amending Agreement will take effect in accordance with clause 9 of Chapter 23 – Amendment, on the date the consent requirements required under clauses 3, 5, 6 and 8 of Chapter 23 – Amendment are completed.

13.  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 or e-mail transmission and a facsimile or e-mail 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 CANADA, as represented by the Minister of Indian Affairs and Northern Development, signed this _______ day of ______________________, 2017.

___________________________________

The Honourable Carolyn Bennett, Minister of Indian Affairs and Northern Development

Witnessed by _______________

FOR HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Aboriginal Relations and Reconciliation, signed this _______ day of ______________________, 2017.

___________________________________

The Honourable John Rustad, Minister of Aboriginal Relations and Reconciliation

Witnessed by _______________

FOR THE TSAWWASSEN FIRST NATION, as represented by Chief Bryce Williams, signed this _______ day of ______________________, 2017.

___________________________________

Bryce Williams, Chief

Witnessed by _______________

Motion agreed to.

The House resumed the adjourned debate on the amendment to the motion for second reading of Bill (No. 6) intituled Electoral Reform Referendum 2018 Act.

The debate on the amendment continued.

The amendment on the motion for second reading of Bill (No. 6) was negatived, on the following division:

The debate resumed on the main motion.

The House divided.

Motion agreed to on the following division:

Bill (No. 6) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

And then the House adjourned at 6.23 p.m.

Hon. Darryl Plecas, Speaker

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