Nos. 3 and 4 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Thursday, February 14, 2019

Ten o’clock a.m.

Prayers by Ms. Kang.

The Speaker made the following statement:

Honourable Members:

I wish to address the division that took place yesterday afternoon. There having been no other Members who wished to speak on the debate before the House, that being on the Address in Reply to the Speech from the Throne, the Chair put the question. Pursuant to established practice, when no other Members rise to participate in debate, the question on the motion is put.

The Chair acknowledges that a speaking list may have been developed. However, the Chair is not bound by speaking lists, and recognizes Members as they may stand in their place indicating that they wish to participate in debate, in accordance with Standing Order 36. As no Members rose, the Chair rightfully put the question on the motion. Pursuant to the request for a division, the division bells were rung at 5:14 p.m.

Prior to proceeding, the Chair wanted to ensure that this unexpected division was in order. By the time the Chair received indication from the Table that the putting of the question and the call for a division were, in fact, in order, it was 5:24 p.m.

Pursuant to Standing Order 16, the Chamber doors should have properly been locked five minutes after the division call, which would have been at 5:19 p.m. I recognize that the timing of the division was irregular, with the doors remaining unlocked until 5:24 p.m. Therefore, this aspect of the division did not conform to Standing Order 16.

The Standing Orders provide a maximum of six sitting days of debate on the Address in Reply to the Speech from the Throne. As yesterday marked the first debate opportunity on the Address in Reply, the notice window for amendments had not even lapsed. As a result, there was some confusion and uncertainty with respect to the question and the unexpected timing of the division.

On the question before the House yesterday, the motion was adopted with 43 ayes and 40 nays. To my knowledge, the fact that the Chamber doors remained open for an additional five minutes beyond the time permitted in Standing Order 16 did not result in any additional Members entering the Chamber. Therefore, I conclude that the result of the division would have been the same.

HON. DARRYL PLECAS, Speaker

The certificate of the Chief Electoral Officer of the result of the election of a Member was read by Kate Ryan-Lloyd, Acting Clerk of the House, as follows:

“Chief Electoral Officer,

“Elections BC

“Victoria, B.C., February 12, 2019

“Honourable Darryl Plecas, MLA
    “Speaker of the Legislative Assembly
        “Room 207, Parliament Buildings, Victoria, B.C. V8V 1X4

“Dear Mister Speaker:

“On November 30, 2018 this office received your Warrant advising of a vacancy in the Legislative Assembly resulting from the resignation of Leonard Krog, Member for the electoral district of Nanaimo.

“On direction from the Lieutenant Governor in Council, I issued a writ of election for the electoral district of Nanaimo on January 2, 2019, ordering a by-election be held to fill the vacancy. The writ specified General Voting Day to be January 30, 2019.

“The by-election was held in accordance with the provisions of the Election Act, and the completed writ of election has been returned to me.

“In accordance with section 147 (2) of the Election Act, I hereby certify the following individual to be elected to serve as a Member of the Legislative Assembly:

“Sheila Malcolmson of the BC NDP for the electoral district of Nanaimo.

“Sincerely,

“Anton Boegman,

“Chief Electoral Officer”

“British Columbia”

On the motion of the Hon. D. Eby (Attorney General), it was Ordered —

That the certificate of the Chief Electoral Officer of the result of the election of a Member be entered upon the Journals of the House.

Ms. Sheila Malcolmson having taken the oath and signed the Parliamentary Roll, was introduced by the Hon. J. Horgan (Premier), and took her seat.

The Hon. M. Farnworth (Minister of Public Safety and Solicitor General) presented to the Speaker a Message from Her Honour the Lieutenant Governor, which read as follows:

Janet Austin
Lieutenant Governor

The Lieutenant Governor transmits herewith Bill (No. 4) intituled Witness Security Act and recommends the same to the Legislative Assembly.

Government House,

February 8, 2019.

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.

On the motion by Mr. Sturdy, that Bill (No. M 201) intituled Miscellaneous Statutes (Passenger Transportation Services) Amendment Act, 2019 be introduced and read a first time, the House divided.

Motion agreed to nemine contradicente on the following division:

Yeas — 86
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
Malcolmson
Furstenau
Weaver
Olsen
Cadieux
de Jong
Bond
Polak
Wilkinson
Lee
Stone
Coleman
Wat
Bernier
Thornthwaite
Paton
Ashton
Barnett
Yap
Martin
Davies
Kyllo
Sullivan
Reid
Morris
Stilwell
Ross
Oakes
Johal
Redies
Rustad
Milobar
Sturdy
Clovechok
Shypitka
Hunt
Throness
Tegart
Stewart
Sultan
Gibson
Foster
Isaacs
Letnick
Thomson
Larson

Bill (No. M 201) 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.”

Mr. D’Eith presented the Second Report of the Select Standing Committee on Finance and Government Services, Annual Review of the Budgets of Statutory Offices, for the third session of the Forty-first Parliament, December 2018.

The Report was taken as read and received.

By leave, Mr. D’Eith moved that the Report be adopted.

A debate arose.

Motion agreed to.

Ms. Singh presented the Report of the Special Committee to Appoint a Police Complaint Commissioner for the third session of the Forty-first Parliament, December 2018.

The Report was taken as read and received.

By leave, Ms. Singh moved that the Report be adopted.

A debate arose.

Motion agreed to.

By leave, Ms. Singh moved —

That Clayton Pecknold be appointed as an Officer of the Legislature, to exercise the powers and duties assigned to the Police Complaint Commissioner, pursuant to the Police Act (R.S.B.C. 1996, c. 367) for a five-year term commencing on February 14, 2019.

Motion agreed to.

The House proceeded to “Orders of the Day.”

On the motion for second reading of Bill (No. 2) intituled Protection of Public Participation Act, a debate arose.

On the motion of the Hon. D. Eby, the debate was adjourned to the next sitting of the House.

And then the House adjourned at 11.55 a.m.

Thursday, February 14, 2019

One-thirty o’clock p.m.

The House proceeded to “Orders of the Day.”

The House resumed the adjourned debate on the motion for second reading of Bill (No. 2) intituled Protection of Public Participation Act.

The debate continued.

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.

On the motion for second reading of Bill (No. 3) intituled Municipal Affairs and Housing Statutes Amendment Act, 2019, a debate arose.

Bill (No. 3) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

The Hon. M. Farnworth moved —

That the House at its rising stand adjourned until Tuesday at 10:00 a.m.

A debate arose.

Motion agreed to.

And then the House adjourned at 4.03 p.m.

HON. DARRYL PLECAS, Speaker