Nos. 105 and 106 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Tuesday, November 6, 2018

Ten o’clock a.m.

Prayers by Ms. Dean.

Order called for “Members’ Statements.”

Order called for “Oral Questions by Members.”

The Hon. M. Farnworth moved —

Pursuant to Standing Order 81.1 (2), all remaining proceedings related to Bill (No. 53) intituled Recall and Initiative Amendment Act, 2018 shall be completed and disposed of on or before Tuesday, November 6, 2018 at 6:30 p.m. At 6:00 p.m. on the date mentioned, the Speaker and the Chair of the Committee of the Whole will forthwith put all necessary questions for the disposal of all remaining stages of the said bill without amendment or debate.

Any divisions called on any section of Bill (No. 53) shall be taken in accordance with Practice Recommendation No. 1. Any division called on any second reading amendments, second reading, or third reading of the said bill may be taken in accordance with Standing Order 16. Proceedings under this motion shall not be subject to the provisions of Standing Order 81, or the Standing or Sessional Orders relating to times and days of the sittings of the House.

Ms. Polak rose on a point of order regarding the application of Standing Order 32 to Bill (No. 53) intituled Recall and Initiative Amendment Act, 2018.

The Speaker stated that a decision on the motion by the Hon. M. Farnworth would be postponed while he took the matter under advisement.

The House proceeded to “Orders of the Day.”

Pursuant to Sessional Order, order called for Section A of Committee of the Whole.

The House resumed the adjourned debate on the amendment to the motion for second reading of Bill (No. 53) intituled Recall and Initiative Amendment Act, 2018.

On the motion of Ms. Isaacs, the debate on the amendment was adjourned to the next sitting of the House.

(In Committee — Section A)

Section A of Committee of the Whole reported progress on Bill (No. 44) intituled Budget Measures Implementation (Employer Health Tax) Act, 2018 and asked leave to sit again.

Bill to be considered at the next sitting.

Committee to sit again at the next sitting.

The Speaker delivered his reserved decision as follows:

Honourable Members:

In light of the point of order raised by the Official Opposition House Leader this morning, I have had an opportunity to review the November 5 evening broadcast of the proceedings, the accompanying transcript, and the Votes and Proceedings for the adjournment of debate.

I conclude the following: the Member for Kamloops–North Thompson appears to have moved the incorrect wording of the motion to adjourn debate on the amendment. Certainly, the Chair interpreted his motion as a motion to adjourn the debate. The Chair put the question to the House and it was carried. That decision stands. Therefore the motion for Second Reading of Bill (No. 53) and the amendment are not dropped.

If the Member for Kamloops–North Thompson had indeed intended to move adjournment of the House, he should have risen on a point of order, moments later when the House then proceeded to continue sitting and receive a report from the Chair of the Committee on Bill (No. 44), before receiving and agreeing to a motion to then adjourn the House. The fact is that Member moved adjournment and further business continued. Accordingly, the Member failed to raise a point of order at the appropriate time.

I will also note for the record that a dropped order under Standing Order 32 would — if it had indeed occurred — would have resulted in the loss of the amendment only, not the main motion for second reading. This practice is described in Parliamentary Practice in British Columbia, 4th ed, page 76.

In any event, I conclude that although the Member did not state the motion clearly, that the point of order raised today cannot proceed. The debate last evening on the amendment to Second Reading of Bill (No. 53) was adjourned, other business transacted, and then the House adjourned.

I now recognize the Government House Leader to move his motion.

In consideration of the motion moved earlier today by the Hon. M. Farnworth regarding the application of Standing Order 81.1 (2) to Bill (No. 53) intituled Recall and Initiative Amendment Act, 2018, the House divided.

Motion agreed to on the following division:

And then the House adjourned at 12.07 p.m.

Tuesday, November 6, 2018

One-thirty o’clock p.m.

The House proceeded to “Orders of the Day.”

Pursuant to Sessional Order, order called for Section A of Committee of the Whole.

The House resumed the adjourned debate on the amendment to the motion for second reading of Bill (No. 53) intituled Recall and Initiative Amendment Act, 2018.

The amendment on the motion for second reading of Bill (No. 53) 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. 53) read a second time.

Pursuant to the time allocation resolution adopted earlier today, on the motion of the Hon. D. Eby (Attorney General), Bill (No. 53) was referred to the Committee of the Whole to be considered forthwith.

Bill (No. 53) was committed.

Pursuant to the time allocation resolution adopted earlier today, all necessary questions for the disposal of the various stages of Bill (No. 53) were put.

Bill (No. 53) was reported complete without amendment, on division.

On the motion for third reading of Bill (No. 53) the House divided.

Motion agreed to on the following division:

Bill (No. 53) was read a third time and passed.

(In Committee — Section A)

In consideration of the motion that the Committee rise and report Bill (No. 44) intituled Budget Measures Implementation (Employer Health Tax) Act, 2018 complete without amendment, the Committee divided as follows:

Section A of Committee of the Whole reported Bill (No. 44) intituled Budget Measures Implementation (Employer Health Tax) Act, 2018 complete without amendment.

On the motion for third reading of Bill (No. 44) the House divided.

Motion agreed to on the following division:

Bill (No. 44) read a third time and passed.

And then the House adjourned at 6.20 p.m.

HON. DARRYL PLECAS, Speaker

NOTICE OF MOTIONS

Wednesday, November 7

31  The Hon. C. James (Minister of Finance and Deputy Premier) to move —

Be it resolved that the Message and the Amendments accompanying the same be referred to the Committee of the House having in charge Bill (No. 45) intituled Budget Measures Implementation (Speculation and Vacancy Tax) Act, 2018.

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