Nos. 26 and 27 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia Fourth Session of the Forty-second Parliament

Monday, March 6, 2023

Ten o’clock a.m.

Prayers and Reflections by the Hon. D. Coulter.

The House proceeded to “Orders of the Day.”

Order called for “Private Members’ Statements.”

Upon request by the Hon. M. Dean that the House proceed to Motion 22, the Chair put the question of leave pursuant to Standing Order 27 (1).

Leave not granted.

3  The House resumed the adjourned debate on Motion 3 regarding denouncing the freedom convoy protests and affirming B.C.’s response to the COVID-19 pandemic.

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

And then the House adjourned at 11.59 a.m.

Monday, March 6, 2023

One-thirty o’clock p.m.

The Hon. N. Sharma (Attorney 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. 12) intituled Intimate Images Protection Act and recommends the same to the Legislative Assembly.

Government House,

March 2, 2023.

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.

Order called for “Members’ Statements.”

Order called for “Oral Questions by Members.”

The Hon. R. Chouhan (Speaker) tabled the Human Rights Commissioner Report, From Hate to Hope: Report of the Inquiry into Hate in the COVID-19 Pandemic, March 2023.

The House proceeded to “Orders of the Day.”

28  The Hon. R. Kahlon moved —

That Brittny Anderson replace Mable Elmore as a member of the Select Standing Committee on Finance and Government Services.

Motion agreed to.

Order called for Committee of Supply.

Pursuant to Sessional Order, order called for Section A and Section B of Committee of Supply.

(In Committee — Section B)

32 (S). Resolved, That a sum not exceeding $150,000,000 be granted to His Majesty to defray the expenses of Ministry of Health, Ministry Operations, to 31st March, 2023, on the following division:

Section B of Committee of Supply reported the Resolution and completion of the supplementary estimates of the Ministry of Health.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

(In Committee — Section A)

45 (S). Resolved, That a sum not exceeding $500,000,000 be granted to His Majesty to defray the expenses of Ministry of Transportation and Infrastructure, Ministry Operations, to 31st March, 2023, on the following division:

Section A of Committee of Supply reported the Resolution and completion of the supplementary estimates of the Ministry of Transportation and Infrastructure and further reported progress of the supplementary estimates of the Ministry of Municipal Affairs.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

By agreement, summary of debate of supplementary estimates passed in Section A (Ministry of Transportation and Infrastructure) to be considered at the next sitting.

And then the House adjourned at 6.37 p.m.

HON. RAJ CHOUHAN, Speaker

NOTICE OF BILLS

Tuesday, March 7

Ms. Sturko to introduce a Bill intituled Mental Health Amendment Act, 2023.

Wednesday, March 8

Ms. Furstenau to introduce a Bill intituled Non-Disclosure Agreements Act, 2023.

NOTICE OF MOTIONS

Wednesday, March 8

29  The Hon. M. Rankin (Minister of Indigenous Relations and Reconciliation) to move —

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 Amending Agreement (No. 2).

TSAWWASSEN FIRST NATION FINAL AGREEMENT
AMENDING AGREEMENT (No. 2)  

THIS SECOND AMENDING AGREEMENT (this “Amending Agreement”) is dated for reference the 17th day of November, 2022

AMONG:

HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Assistant Deputy Minister of Implementation of Indigenous Rights and Relationships, Crown-Indigenous Relations and Northern Affairs Canada
(“Canada”)

AND

HIS MAJESTY THE KING IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Indigenous Relations and Reconciliation
(“British Columbia”)

AND

TSAWWASSEN FIRST NATION, as represented by the Tsawwassen Government
(“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 have previously agreed to amendments to the Tsawwassen First Nation Final Agreement;

D.  The Parties agree to propose further amendments to the Tsawwassen First Nation Final Agreement set out in Schedules 1 and 2 of this Amending Agreement;

E.  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 Schedules 1 and 2 of this Amending Agreement;

NOW THEREFORE the Parties agree as follows:  

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 as amended.

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

3.  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 – PROPOSED AMENDMENTS  

4.  The proposed amendments in English to the Tsawwassen First Nation Final Agreement are set out in Schedule 1.

5.  The proposed amendments in French to the Tsawwassen First Nation Final Agreement are set out in Schedule 2.

6.  The proposed amendments will take effect in accordance with clause 9, Chapter 23 – Amendment of the Tsawwassen First Nation Final Agreement.

PART III – PROCEDURES  

7.  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.

8.  The Parties acknowledge and agree that this Amending Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and will have the same force and effect as an original signature on paper. Without limitation, “electronic signature” will include faxed versions of an original signature or electronically scanned and transmitted versions (e.g. via pdf) of an original signature.

FOR HIS MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Assistant Deputy Minister of Implementation of Indigenous Rights and Relationships, Crown-Indigenous Relations and Northern Affairs Canada, signed this _____ day of November, 2022.

FOR HIS MAJESTY THE KING IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Indigenous Relations and Reconciliation, signed this _____ day of December, 2022.

FOR TSAWWASSEN FIRST NATION, as represented by the Tsawwassen Government, signed this _____ day of November, 2022.

Schedule 1

The Tsawwassen First Nation Final Agreement is amended as follows:

1. The reference to “12th” is deleted in subclause 16.b of Chapter 20 – Taxation and replaced with “14th”.

2. The reference to “12th” is deleted in subclause 18.b of Chapter 20 – Taxation and replaced with “14th”.

3. Chapter 20 – Taxation is amended to add the following numbered clauses immediately after each of clauses 16, 17, 18 and 19 respectively:

16.1 Despite clause 16 and subject to clause 18.1, as of the day this clause comes into effect, section 87 of the Indian Act applies to a Tsawwassen Member who is an Indian.

17.1 Despite clause 16 and subject to subclause 1.a and clauses 18.1, 18.2 and 19.1, as of the day this clause comes into effect, section 87 of the Indian Act applies on Tsawwassen Lands that were Reserve lands or Surrendered Lands on the day before the Effective Date.

18.1 Clauses 16.1 and 17.1 only apply so long as section 87 of the Indian Act itself remains in force.

18.2 Clause 17.1 only applies to an Indian during a period that section 87 of the Indian Act applies to the Indian.

19.1 Tsawwassen First Nation may enter into a tax agreement with Canada or British Columbia that limits the application of clause 17.1 to the extent specified in that tax agreement.

4. The reference to “clause 16” is deleted in clause 39 of Chapter 2 – General Provisions and replaced with “clauses 16 through 19.1”.

[Schedule 2 available for inspection at the Office of the Clerk.]

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