Nos. 28 and 29 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia Fourth Session of the Forty-second Parliament

Tuesday, March 7, 2023

Ten o’clock a.m.

Prayers and Reflections by Mr. Yao.

The Hon. K. Conroy (Minister of Finance) 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. 13) intituled Pay Transparency 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.

On the motion of Mr. Clovechok, Bill (No. M 213) intituled Indigenous Names Statutes Amendment Act, 2023, was introduced, read a first time, and 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 Auditor General Report, Fraud Risk and Financial Statements: B.C. Public Sector, Part 1, March 2023.

Mr. Starchuk presented the Report of the Special Committee to Appoint a Merit Commissioner for the Third Session of the Forty-second Parliament, December 2022.

The Report was taken as read and received.

By leave, Mr. Starchuk moved that the Report be adopted.

A debate arose.

Motion agreed to.

By leave, Mr. Starchuk moved —

That the Legislative Assembly of British Columbia recommend to the Lieutenant Governor in Council that David McCoy be appointed as an Officer of the Legislature, to exercise the powers and duties assigned to the Merit Commissioner for the province of British Columbia pursuant to section 5.01 of the Public Service Act (R.S.B.C. 1996, c. 385) for a term of three years commencing on March 10, 2023.

Motion agreed to.

The House proceeded to “Orders of the Day.”

Order called for Committee of Supply.

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

17  The House resumed the adjourned debate on Motion 17 with respect to affirming support for a spectrum of addictions care.

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

(In Committee — Section A)

40 (S). Resolved, That a sum not exceeding $1,495,000,000 be granted to His Majesty to defray the expenses of Ministry of Municipal Affairs, Ministry Operations, to 31st March, 2023.

Section A of Committee of Supply reported the Resolution and completion 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 Municipal Affairs) to be considered at the next sitting.

And then the House adjourned at 11.56 a.m.

Tuesday, March 7, 2023

One-thirty o’clock p.m.

The House proceeded to “Orders of the Day.”

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)

21 (S). Resolved, That a sum not exceeding $85,000,000 be granted to His Majesty to defray the expenses of Ministry of Citizens’ Services, 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 Citizens’ Services.

Report to be considered at the next sitting.

Committee to sit again later today.

Order called for Committee of Supply.

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

(In Committee — Section B)

Section B of Committee of Supply reported progress of the supplementary estimates of the Ministry of Agriculture and Food.

Report to be considered at the next sitting.

Committee to sit again at the next sitting.

(In Committee — Section A)

38 (S.) Resolved, That a sum not exceeding $100,000,000 be granted to His Majesty to defray the expenses of Ministry of Water, Land and Resource Stewardship, 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 Water, Land and Resource Stewardship.

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 Water, Land and Resource Stewardship) to be considered at the next sitting.

And then the House adjourned at 6.27 p.m.

HON. RAJ CHOUHAN, Speaker

NOTICE OF BILLS

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, CrownIndigenous 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.]

Thursday, March 9

30  Mr. Stone to move —

That the Select Standing Committee on Health be empowered to:

a. examine the Health Professions and Occupations Act in the form in which it was passed by the Legislative Assembly as Bill (No. 36) in the Third Session of the Forty-second Parliament; and,

b. make recommendations with respect to sections 233 to 645 of the said Act, debate on which in Committee of the Whole House was inadequate due to the invocation of time allocation in the Third Session of the Forty-second Parliament.

That, in addition to the powers previously conferred upon Select Standing Committees of the House, the Select Standing Committee on Health be empowered to:

a. appoint of its number one or more subcommittees and to refer to such subcommittees any of the matters referred to the Committee and to delegate to the subcommittees all or any of its powers except the power to report directly to the House;

b. 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. conduct consultations by any means the Committee considers appropriate;

d. adjourn from place to place as may be convenient; and,

e. retain personnel as required to assist the Committee.

That the Committee report to the House by June 30, 2023, and that during a period of adjournment, the Committee deposit its reports with the Clerk of the Legislative Assembly, and upon resumption of the sittings of the House, or in the next following Session, as the case may be, the Chair present all reports to the House.

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