No. 98 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia

Wednesday, November 20, 2019

One-thirty o’clock p.m.

Prayers by Ms. Kang.

Order called for “Members’ Statements.”

Order called for “Oral Questions by Members.”

The Hon. D. Eby (Attorney General) tabled the Gaming Policy and Enforcement Branch Annual Report, 2018/2019.

The Hon. H. Bains (Minister of Labour) made personal statement.

The House proceeded to “Orders of the Day.”

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

Bill (No. 37) intituled Financial Institutions Amendment Act, 2019 was again committed, reported complete with amendment, and by leave, read a third time and passed.

On the motion for second reading of Bill (No. 45) intituled Taxation Statutes Amendment Act, 2019, a debate arose.

The debate continued.

The House divided.

Motion agreed to nemine contradicente on the following division:

Bill (No. 45) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.

Bill (No. 39) intituled Miscellaneous Statutes (Minor Corrections) and Statute Revision Amendment Act, 2019 was committed.

Section 5 of Bill (No. 39) passed, on division.

Section 6 of Bill (No. 39) passed, on division.

Section 7 of Bill (No. 39) passed, on division.

Section 8 of Bill (No. 39) passed, on division.

Bill (No. 39) reported complete with amendment.

Bill (No. 39) as reported to be considered at the next sitting.

Bill (No. 40) intituled Interpretation Amendment Act, 2019 was committed.

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

Bill to be considered at the next sitting.

By leave, the Hon. D. Eby (Attorney General) tabled the Judicial Compensation Commission Final Report 2019, October 24, 2019.

(IN COMMITTEE — SECTION A)

Section A of Committee of the Whole reported progress on Bill (No. 41) intituled Declaration on the Rights of Indigenous Peoples Act and asked leave to sit again.

Bill to be considered at the next sitting.

Committee to sit again at the next sitting.

2   Ms. Oakes asked the Hon. Minister of Transportation and Infrastructure the following questions:

1. Could the Minister provide an update on the details of the completed business case on the West Fraser Road flood recovery project?

2. When will this business case be forwarded to the federal government’s Disaster Financials Assistant funding?

3. How much will the provincial government be applying to the federal government for this project?

4. What is the timeline for the completion of the West Fraser Road option 4 (L101A8)?

The Hon. C. Trevena (Minister of Transportation and Infrastructure) replied as follows:

“Question:

“1. Could the Minister provide an update on the details of the completed business case on the West Fraser Road flood recovery project?

“Response:

“We understand the hardship that the washout of West Fraser Road has placed on people who live in the area, and we appreciate people’s patience while the Ministry of Transportation and Infrastructure determines the most effective and reliable long-term solution.

“A business case to determine whether the project is eligible under the Disaster Financial Assistance Agreement program (DFAA) was completed in spring 2019. The federal government has acknowledged that this project would be eligible for federal disaster funding."

“Question:

“2. When will this business case be forwarded to the federal government’s Disaster Financials Assistant funding?

“Response:

“The completed business case was forwarded to the federal government in May 2019."

“Question:

“3. How much will the provincial government be applying to the federal government for this project?

“Response:

“The federal government has committed to reimbursing eligible costs once the project has been completed. It is premature to estimate how much the federal government will be reimbursing the province."

“Question:

“4. What is the timeline for the completion of the West Fraser Road option 4 (L101A8)?

“Response:

“The Ministry expects to have a decision on funding for the preferred alignment in 2020. The site is extremely complicated from a geotechnical perspective, and as a result, the eventual realignment will be very costly. The Ministry is continuing to carry out engineering work on alignment options. This includes extensive geotechnical investigations, drilling and testing of ground conditions and soil stability. We will continue to consult with impacted First Nations and community stakeholders throughout the process. In the meantime, safety improvements have been made to Garner Road and Webster Lake Road, which are providing a detour while West Fraser Road is closed.”

And then the House adjourned at 7.00 p.m.

HON. DARRYL PLECAS, Speaker

NOTICE OF BILLS

Monday, November 25

Mr. Stone to introduce a Bill intituled Local Government (Accountability) Amendment Act, 2019.

Ms. Isaacs to introduce a Bill intituled High Dose Influenza Vaccine for Seniors Act.

NOTICE OF MOTIONS

Monday, November 25

24  The Hon. S. Fraser to move —

Be it resolved that, pursuant to section 38 of Chapter 2 of the Nisga'a Final Agreement, the Legislative Assembly of British Columbia consents to the amendments to the Nisga'a Final Agreement set out in the attached Nisga'a Final Agreement Amending Agreement (No. 4).

NISGA'A FINAL AGREEMENT
AMENDING AGREEMENT
(No. 4)

THIS AMENDING AGREEMENT is dated for reference March 31, 2019

AMONG

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Crown–Indigenous Relations

(“Canada”)

AND

HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Indigenous Relations and Reconciliation

(“British Columbia”)

AND

The NISGA'A NATION, as represented by the Nisga'a Lisims Government Executive

(“Nisga'a Nation”).

WHEREAS:

A.  On May 11, 2000 the Nisga'a Final Agreement came into effect.

B.  The Nisga'a Final Agreement provides for its amendment and specifies requirements for amendments of various of its provisions.

C.  The Parties have previously agreed to make certain amendments to the Nisga'a Final Agreement.

D.  The Parties now propose the further amendments to the Nisga'a Final Agreement set out in Part II of this Amending Agreement related to the definition of Nisga'a settlement trust.

E.  The Parties have determined that the processes set out in paragraph 37, 38 and 40 of Chapter 2 – General Provisions apply to the proposed amendments set out in Part II of this Amending Agreement No. 4.

NOW THEREFORE the Parties agree that the proposed amendments to the Nisga'a Final Agreement set out in Part II of this Amending Agreement No. 4 be recommended  

a) By the Nisga'a Lisims Government Executive to Wilp Si’ayuukhl Nisga'a,

b) By the Minister of Crown–Indigenous Relations to the Governor in Council, and

c) By the Minister of Indigenous Relations and Reconciliation to the Legislature of British Columbia.

PART I – DEFINITIONS  

1.  In this Amending Agreement No. 4:

a) “Nisga'a Final Agreement” means the Nisga'a Final Agreement among the Nisga'a Nation, Her Majesty The Queen in right of Canada and Her Majesty the Queen in right of British Columbia, as it took effect on May 11, 2000, as amended;

b) A reference to a Chapter by number or name is a reference to the corresponding chapter number or name in the Nisga'a Final Agreement; and

c) A reference to a number and paragraph of a Chapter is a reference to the corresponding number and paragraph of the chapter in the Nisga'a Final Agreement.

2.  Words and expressions appearing in this Amending Agreement No. 4 that are not defined in this Amending Agreement but are defined in the Nisga'a Final Agreement have the meanings ascribed to them in the Nisga'a Final Agreement.

PART II – AMENDMENTS  

3.  The definition of “Nisga'a settlement trust” in paragraph 1 of Chapter 15 of the Nisga'a Final Agreement is amended by deleting “means any trust having the following characteristics” and substituting “at any time means a Nisga'a settlement trust as defined in the Taxation Agreement referred to in paragraph 21 of the Tax Chapter or any trust having the following characteristics”.

4.  Subparagraph (f) of the definition of “Nisga'a settlement trust” in paragraph 1 of Chapter 15 of the Nisga'a Final Agreement is amended by deleting “Financial Transfers Chapter” and substituting “Capital Transfer and Negotiation Loan Repayment Chapter”.

PART III – PROCEDURES  

5.  The proposed amendments set out in Part II of this Amending Agreement will take effect in accordance with paragraph 41 of Chapter 2 – General Provisions, on the date that the last Party required to consent to the amendments gives its consent.

6.  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 transmission and a facsimile 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 Crown–Indigenous Relations, signed this ________ day of __________________, 2019.

FOR HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Indigenous Relations and Reconciliation, signed this _____ day of ____________, 2019.

FOR THE NISGA'A NATION, as represented by the Nisga'a Lisims Government Executive, signed this _____ day of ____________, 2019.

25  Ms. Ma to move —

Be it resolved that this House supports reconciliation and the ongoing process of working with Indigenous communities to end discrimination, uphold human rights and ensure greater justice and fairness for all.

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