Nos. 117 and 118 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Monday, November 26, 2018

Ten o’clock a.m.

Prayers by Ms. Kang.

Mr. de Jong asked leave, pursuant to Standing Order 35, to move adjournment of the House to discuss a definite matter of urgent public importance, namely the conduct of this House with respect to the events and facts that led to the motion on Tuesday, November 20, 2018 with regard to two permanent Officers of this House.

The Hon. M. Farnworth made representations.

Mr. Weaver made representations.

The Deputy Speaker stated that he would take the matter under advisement.

The House proceeded to “Orders of the Day.”

Order called for “Private Members’ Statements.”

33  By leave, Mr. Simons moved —

Be it resolved that this House supports SOGI 123 within our schools, to help create safe and inclusive learning environments that are free of discrimination for all students.

A debate arose.

The debate continued.

On the motion of Mr. Bernier, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 11.58 a.m.

Monday, November 26, 2018

One-thirty o’clock p.m.

On the motion by Mr. Sturdy that Bill (No. M 223) intituled Miscellaneous Statutes (Passenger Transportation Services) Amendment Act, 2018 be introduced and read a first time, the House divided.

Motion agreed to on the following division:

Bill (No. M 223) 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. C. James (Minister of Finance and Deputy Premier) tabled the Budget 2018 Second Quarterly Report, Working For You, November 2018.

The Hon. D. Plecas (Speaker) tabled the Conflict of Interest Commissioner Annual Report, 2017.

The Deputy Speaker delivered his reserved decision as follows:

Honourable Members:

Earlier today, at the request of the Speaker, I took the chair to hear and consider an application by the Member for Abbotsford West.

Under Standing Order 35, the Member sought adjournment of the House in order to discuss a matter of urgent importance – namely, the conduct of this House with respect to the events and facts that led to the motion on Tuesday, November 20 with regard to two permanent Officers of this House.

While Standing Order 35 (2) states that a Member shall rise and state the matter briefly, the Chair allowed the Member for Abbotsford West to explain his application in detail so that concerns with regard to this most serious matter could be placed on the record.

I thank the Member for his submission, as well as the Government House Leader and the Leader of the Third Party for their comments.

The Chair recognizes the very difficult circumstances that form the basis of Members’ concerns regarding the events that transpired last week. It is my understanding that the Speaker addressed some of those questions earlier today in a letter addressed to all three House Leaders.

As acknowledged by the Government House Leader and the Leader of the Third Party, the important fact that should frame the approach by the House is that an active criminal investigation is underway with respect to this matter.

The sub judice principle is an important convention long recognized in this House and other parliamentary institutions. By way of this self-imposed restraint, the House does not enter into debate on matters before another body, typically a court of law, in order to refrain from prejudicing in any manner proceedings not before this House.

I find that, in this unique and difficult circumstance, the principles of the convention must be applied with even more caution – as the events and facts of the active investigation touch upon this very institution.

Were the application to proceed, a Chair would be placed in a particularly untenable position. The Chair would preside over a debate, while concurrently assessing and determining which facts, matters or comments within the debate may or may not impede or prejudice an active investigation.

In addition, on April 13, 2010, Speaker Barisoff ruled that a matter under investigation by the police, while not sub judice in a strict sense, has by precedent not been discussed in this House. Speaker Barisoff noted that it is a matter of courtesy to the investigation to avoid debate in parliament.

Further, it has previously been held in this House that an application under Standing Order 35 cannot involve the normal administration of justice.

In a decision of Speaker Barnes rendered on June 17, 1994, he stated, in part, “Standing Order 35 was never intended to provide a vehicle for interference in the normal administration of justice.”

While the Chair does not suggest that it would be the intention of the House to interfere with the normal administration of justice, due to the circumstances, there is a very real and substantial concern in this regard.

I conclude that because the active investigation focuses on two permanent officers of this House, the risk to offend the spirit and intent of the sub judice convention is more heightened in this instance.

For these reasons, I find that the application made under Standing Order 35 cannot proceed.

RAJ CHOUHAN, Deputy Speaker

The House proceeded to “Orders of the Day.”

By leave, the Hon. M. Farnworth moved —

That further to the motion adopted on February 26, 2018, that the Select Standing Committee on Finance and Government Services be empowered to consider and make recommendations on the budget of the following statutory officer: Human Rights Commissioner.

Motion agreed to.

By leave, the Hon. M. Farnworth moved —

That a Special Committee be appointed to select and unanimously recommend to the Legislative Assembly the appointment of a Human Rights Commissioner, pursuant to the Human Rights Code (R.S.B.C. 1996, c. 210).

The said Special Committee shall have the powers of a Select Standing Committee and in addition is 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 such personnel as required to assist the committee;

and shall report to the House as soon as possible, 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.

The said Special Committee is to be composed of the following Members: Raj Chouhan (Convener), Mitzi Dean, Stephanie Cadieux, Greg Kyllo, and Andrew Weaver.

Motion agreed to.

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

Bill (No. 55) intituled Passenger Transportation Amendment Act, 2018 was again committed.

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

Bill to be considered later today.

(In Committee — Section A)

Section A of Committee of the Whole reported Bill (No. 57) intituled Attorney General Statutes Amendment Act, 2018 complete without amendment.

Bill (No. 57) read a third time and passed.

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

Bill (No. 55) intituled Passenger Transportation Amendment Act, 2018 was again committed.

Mr. Sturdy moved a proposed amendment to section 9 of Bill (No. 55) which was defeated on the following division:

The Chair announced that the votes being equal, pursuant to Standing Order 10 and in accordance with established practice to maintain the bill in existing form, he cast his vote in opposition to the motion.

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

Bill to be considered later today.

(In Committee — Section A)

Section A of Committee of the Whole reported Bill (No. 47) intituled Health Sector Statutes Repeal Act complete without amendment.

Bill (No. 47) read a third time and passed.

On the motion for third reading of Bill (No. 51) intituled Environmental Assessment Act, the House divided.

Motion agreed to on the following division:

Bill (No. 51) was read a third time and passed.

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

Bill (No. 55) intituled Passenger Transportation Amendment Act, 2018 was again committed.

Mr. Olsen moved a proposed amendment to section 14 of Bill (No. 55) which was passed on the following division:

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

Bill to be considered later today.

(In Committee — Section A)

Section A of Committee of the Whole reported Bill (No. 54) intituled Lobbyists Registration Amendment Act, 2018 complete without amendment.

Bill (No. 54) read a third time and passed.

The House recessed until 7 o’clock p.m.

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

Bill (No. 55) intituled Passenger Transportation Amendment Act, 2018 was again committed.

The Chair stated that although a name was missed when the results of the division on an amendment to section 9 of Bill (No. 55) intituled Passenger Transportation Amendment Act, 2018 were announced, the numbers were correct, and the omitted name would be included on the official record of votes.

Mr. Sturdy moved a proposed amendment to section 14 of Bill (No. 55) which was defeated on the following division:

The Chair announced that the votes being equal, pursuant to Standing Order 10 and in accordance with established practice to maintain the bill in existing form, he cast his vote in opposition to the motion.

Mr. Sturdy moved a proposed amendment to section 50 of Bill (No. 55) which was defeated, on division.

Mr. Sturdy moved a proposed amendment to section 54 of Bill (No. 55) which was defeated, on division.

Mr. Sturdy moved a proposed amendment to section 57 of Bill (No. 55) which was defeated on the following division:

Bill (No. 55) was reported complete with amendment, on division, and by leave, read a third time and passed.

(In Committee — Section A)

Section A of Committee of the Whole reported progress on Bill (No. 52) intituled Agricultural Land Commission Amendment Act, 2018 and asked leave to sit again.

Bill to be considered at the next sitting.

Committee to sit again at the next sitting.

And then the House adjourned at 8.56 p.m.

HON. DARRYL PLECAS, Speaker

NOTICE OF BILLS

Wednesday, November 28

Mr. Letnick to introduce a Bill intituled Physician Assistant’s Recognition and Regulation Act, 2018.

NOTICE OF MOTIONS

Tuesday, November 27

34  The Hon. C. Trevena (Minister of Transportation and Infrastructure) to move —

That the Select Standing Committee on Crown Corporations be authorized to examine, inquire into and make recommendations on regulations regarding transportation network services in British Columbia;

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

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

• criteria to consider when establishing boundaries;

• appropriate policies to balance the supply of service with consumer demand, including the application of the Passenger Transportation Board’s current public convenience and necessity regime as it pertains to transportation network services; and

• criteria to be considered when establishing price and fare regimes that balance affordability with reasonable business rates of return for service providers.

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 to the Legislative Assembly no later than March 31, 2019, and shall 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, or at the next following Session, the Chair shall present all reports to the Legislative Assembly.

Wednesday, November 28

35  Ms. Thornthwaite to move —

Be it resolved that this House supports the expedited implementation of ridesharing in British Columbia.

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