1972 Legislative Session: 3rd Session, 29th Parliament
HANSARD


The following electronic version is for informational purposes only.
The printed version remains the official version.


Official Report of

DEBATES OF THE LEGISLATIVE ASSEMBLY

(Hansard)


TUESDAY, MARCH 28, 1972

Afternoon Sitting

[ Page 979 ]


The House met at 2:00 p.m.

Prayers.

MR. SPEAKER: The Honourable Member for Vancouver South.

MRS. A. KRIPPS (Vancouver South): Mr. Speaker in the public galleries today we have a group of 65 high school students from the Killarney Secondary School in Vancouver South, they are here with their teacher Mr. Sharp and Mr. Muter, and I would ask the House to welcome them.

MR. SPEAKER: The Honourable Member for Burnaby Edmonds.

MR. G.H. DOWDING (Burnaby-Edmonds): Mr. Speaker I would ask the House to welcome 56 students from McPherson Park Junior Secondary School in my constituency, along with their teachers Mr. MacDonald, Mr. Smith and his wife Mrs. Smith, and John Wallace.

MR. SPEAKER: The Honourable Member for North Vancouver-Capilano.

MR. D.M. BROUSSON (North Vancouver–Capilano): Mr. Speaker in the galleries today are 50 pupils fortunate in living in the beautiful hillsides of North Vancouver–Capilano and from Delbrook High School with their teachers Mr. McKee, and Mr. Williams. I hope the House will make them welcome.

MR. SPEAKER: The Honourable Member for Surrey.

MR. E. HALL (Surrey): Mr. Speaker in the legislative grounds today, and in your gallery during the afternoon there will be three groups from West Whalley Secondary School, three very large groups, and I hope the House makes its usual welcome to them this afternoon.

Introduction of bills.

Mr. Macdonald moves introduction and first reading of Bill No. 113 intituled The Provision of Hearing Aids Act and of Bill No. 114 intituled An Act to Incorporate The Land Bank of British Columbia.

Motions approved. Bills introduced, read a first time, and ordered to be placed on orders of the day for second reading at the next sitting after today.

Orders of the day.

HON. W.A.C. BENNETT (Premier): Mr. Speaker, I move we proceed to public bills and orders.

Leave granted.

HON. MR. BENNETT: For the members in the gallery, Mr. Speaker, these bills have gone through all the readings of the House and they're now being reported to the Speaker. Report on Bill No. 49.

MR. SPEAKER: Report on Bill no. 49. An Act to Amend the Social Assistance Act.

AN ACT TO AMEND THE SOCIAL ASSISTANCE ACT

Bill No. 49 read a third time and passed on the following division:

YEAS-32

Mussallem McCarthy, Mrs. Smith
Marshall Jordan, Mrs. McDiarmid
Wenman Dawson, Mrs. Skillings
Kripps, Mrs. Kiernan Chant
Price Williston Loffmark
Capozzi Bennett Gaglardi
LeCours Peterson Campbell, D.R.J.
Little Black Brothers
Jefcoat Fraser Shelford
Tisdalle Wolfe Richter
Bruch Campbell, B.

NAYS-16

Brousson Williams, R.A. Strachan
Wallace Calder Dowding
Cocke Clark Nimsick
Hartley McGeer Barrett
Lorimer Macdonald Dailly, Mrs.
Hall

PAIRS
Vogel Williams, L.A.
Merilees Gardom

HON. MR. BENNETT: Report on Bill No. 67, Mr. Speaker.

MR. SPEAKER: Report on Bill No. 67. Safety Engineering Services Act.

SAFETY ENGINEERING SERVICES ACT

Bill No. 67 read a third time and passed on the following division:

YEAS-36

Mussallem Jefcoat Wolfe
Brousson Tisdalle Smith
Wallace Bruch McDiarmid
Marshall McCarthy, Mrs. Chabot
Wenman Jordan, Mrs. Skillings
Kripps, Mrs. Dawson, Mrs. Chant
Price Kiernan Loffmark
Clark Williston Gaglardi
McGeer Bennett Campbell, D.R.J.
Capozzi Peterson Brothers
LeCours Fraser Shelford
Little Campbell, B. Richter

NAYS-12

Cocke Williams, R.A. Dowding
Hartley Calder Nimsick

[ Page 980 ]

Lorimer Macdonald Barrett
Hall Strachan Dailly, Mrs.

PAIRS

Vogel Williams, L.A.
Merilees Gardom

HON. MR. BENNETT: Report on Bill No. 78.

MR. SPEAKER: Report on Bill No. 78, An Act to Amend the Insurance Act.

Bill No. 78 read a third time and passed.

HON. MR. BENNETT: Report on Bill No. 82, Mr. Speaker.

MR. SPEAKER: Report on Bill No. 82, An Act to Amend the Workmen's Compensation Act, 1968.

Bill No. 82 read a third time and passed.

HON. MR. BENNETT: For the benefit of the public in the gallery we are now entering bills in committee, six bills, and they've all been through first reading, second reading and full discussion and now they're in committee.

Committee on Bill No. 47, Mr. Speaker.

MR. SPEAKER: Bill No. 47, Sunshine Comstock Mines Limited (Non-personal Liability) Mineral Claims Act.

Bill No. 47 committed and reported complete without amendment.

SUNSHINE COMSTOCK MINES LIMITED
(NON-PERSONAL LIABILITY) MINERAL CLAIMS ACT

MR. SPEAKER: The question is that Bill No. 47 be read a third time now.

Motion approved on the following division:

YEAS-39

Ney Little Campbell, B.
Merilees Jefcoat Wolfe
Mussallem Tisdalle Smith
Brousson Bruch McDiarmid
Wallace McCarthy, Mrs. Chabot
Marshall Jordan, Mrs. Skillings
Wenman Dawson, Mrs. Chant
Kripps, Mrs. Kiernan Loffmark
Price Williston Gaglardi
Clark Bennett Campbell, D.R.J.
McGeer Peterson Brothers
Capozzi Black Shelford
LeCours Fraser Richter

NAYS-12

Cocke Williams, R.A. Dowding
Hartley Calder Nimsick
Lorimer Macdonald Barrett
Hall Strachan Dailly, Mrs.
PAIR
Vogel Gardom

Bill No. 47 read a third time and passed.

HON. MR. BENNETT: Committee on Bill No. 89, Mr. Speaker.

MR. SPEAKER: Committee on Bill No. 89, intituled Kootenay Canal Land Acquisition Act.

Bill committed and reported complete without amendment.

KOOTENAY CANAL LAND ACQUISITION ACT

MR. SPEAKER: The question is that Bill No. 89 be read a third time now.

Motion approved on the following division:

YEAS-35

Ney Bruch Smith
Merilees McCarthy, Mrs. McDiarmid
Mussallem Jordan, Mrs. Chabot
Wallace Dawson, Mrs. Skillings
Marshall Kiernan Chant
Wenman Williston Loffmark
Kripps, Mrs. Bennett Gaglardi
Price Peterson Campbell, D.R.J.
Capozzi Black Brothers
LeCours Fraser Shelford
Little Campbell, B. Richter
Jefcoat Wolfe

NAYS-16

Brousson Calder Strachan
Cocke Clark Dowding
Hartley McGeer Nimsick
Lorimer Williams, L.A. Barrett
Hall Macdonald Dailly, Mrs.
Williams, R.A.

PAIR:
Vogel Gardom

Bill No. 89 read a third time and passed.

HON. MR. PETERSON: Committee on Bill No. 91, Mr. Speaker.

MR. SPEAKER: Committee on Bill No. 91 intituled Statute Law Amendment Act, 1972.

Bill No. 91 committed, reported complete without amendment, read a third time and passed.

HON. MR. BENNETT: Committee on Bill No. 92, Mr. Speaker.

[ Page 981 ]

MR. SPEAKER: Committee on Bill No. 92, intituled An Act to Amend the Municipalities Enabling and Validating Act.

Bill No. 92 committed and reported complete with amendments. By leave of the House, the bill was read a third time and passed.

HON. MR. PETERSON: Committee on Bill No. 98, Mr. Speaker.

MR. SPEAKER: Committee on Bill No. 98, intituled An Act to Amend the Pollution Control Act, 1967.

Bill No. 98 committed and reported complete with amendments. By leave of the House, the bill was read a third time and passed.

HON. MR. PETERSON: Committee on Bill No. 99, Mr. Speaker.

MR. SPEAKER: Committee on Bill No. 99, intituled An Act to Amend the Podiatry Act.

Bill No. 99 committed, reported complete without amendments, read a third time and passed.

HON. MR. PETERSON: Committee on Bill No. 50, Mr. Speaker.

MR. SPEAKER: Committee on Bill No. 50, intituled An Act to Amend the Vancouver Charter.

Bill No. 50 committed, reported complete without amendments, read a third time and passed.

HON. MR. PETERSON: Committee on Bill No. 51, Mr. Speaker.

MR. SPEAKER: Committee on Bill No. 51, intituled An Act to Amend the Trinity Junior College Act.

Bill No. 51 committed, reported complete without amendments, read a third time and passed.

HON. MR. PETERSON: Second reading of Bill No. 52, Mr. Speaker.

AN ACT TO INCORPORATE
VANCO INSURANCE COMPANY

MR. SPEAKER: Second reading of Bill No. 52, the Honourable Member for Vancouver-South.

MRS. A. KRIPPS (Vancouver-South): Mr. Speaker, Bill No. 52, intituled An Act to Incorporate Fanco Insurance Company has been studied by your select standing committee on private bills and standing orders. It has been carefully scrutinized and questioned and amendments have been made. All criteria and demands as set forth in the Insurance Act and all the requirements of the Superintendent of Insurance have been complied with.

I now move that Bill No. 52, intituled An Act to Incorporate Panco Insurance Company, as amended in the select standing committee on standing orders and private bills, be now read a second time.

MR. SPEAKER: Are you ready for the question? The question is that Bill No. 52, An Act to Incorporate Vanco Insurance Company, now be read a second time.

Motion approved: second reading of the bill.

Bill No. 52 ordered to be placed on orders of the day for committal at the next sitting after today.

House in committee of supply. The committee rose, reported progress and asked leave to sit again.

Presenting reports.

Mr. Price of the select standing committee on municipal matters presented report No. I which was taken as read and received.

(Your select standing committee on municipal matters begs leave to report as follows:

By motion of February 7, 1972, your committee was authorized as follows: "That this House authorize the select standing committee on municipal matters to examine the criteria and conditions which should be met either to incorporate by statute an area as a municipality or to include an area in an existing municipality and to report their findings and recommendations to the House."

The committee held five meetings. The principal representations made to the committee were presented by the Union of British Columbia Municipalities, firstly, in a brief submitted March 6 and in a supplementary brief which was requested by the committee, which was presented March 20. Alderman E.J. Broome, President of the UBCM; Mayor S.A. Fleming; and Director M.H. Holmes, accompanied by Mr. C.S.J. McKelvie, Executive Director, presented the briefs on behalf of the union, and the committee wished to express its appreciation to the union for the clear, straightforward presentation and frank discussions. In addition to the presentations by the committee, staff members of the Department of Municipal Affairs were present at most of the committee meetings.

The Union of British Columbia Municipalities' submission was basically as follows:

Firstly, they recommended that criteria be established by legislation for both the incorporation of disparate municipalities and for the extension of boundaries of existing municipalities.

Secondly, they recommended that the Minister be empowered to appoint a secretary whose function would be:

  1. To determine all instances where in his opinion the relevant criteria have been met and to report his findings to the Minister.
  2. To proceed after authorization by the Minister to assemble all relevant data.
  3. To publicise that an inquiry will be held in connection with the proposed incorporation or boundary extension.
  4. To convene the inquiry and perform such duties as members of the inquiry board may require and to advise the board on all matters on which they are required to make a decision.

Thirdly, the Union of British Columbia Municipalities proposed that in each case an inquiry board be established. The Minister would have discretion to determine the number

[ Page 982 ]

of members of the inquiry board, the suggestion being that in minor cases of boundary extension a single person would be sufficient, but where the Minister is of the opinion that the issue is such that it requires a board of more than a single member, the membership should be selected as follows:

One member selected by electoral area directors of the regional district;

One member of the council of the host municipality (where extension of boundaries in in question); and

The two members selected would nominate a third member who would be chairman from a list maintained by the Minister of individuals such as past presidents of the Union of British Columbia Municipalities or other prominent and respected municipal officials;

Where more than one host municipality or community is involved the Minister would specify additional board members.

The inquiry board thus established shall:

  1. Meet forthwith in the area under consideration.
  2. Determine the boundaries, with subsequent review and revision 8 required.
  3. Establish whether the criteria have been met within the boundaries so determined.
  4. If the criteria have been met, hold public hearings and receive submissions to evaluate the opinions of all parties concerned.

The inquiry board would report to the Minister, who would be empowered to provide that the question of incorporation or extension of boundaries be submitted to the owner-electors and property-owners in the community and that a 60 per cent plurality would be required to carry such a vote. In the case of a boundary extension the vote would be on the basis of the extension area and the existing municipality combined.

The Union of British Columbia Municipalities also recommended that subsection (5) of section 12 be made applicable to all classes of municipalities so that in the event of an extension of boundary, provisions could be made that the newly included areas would not assume the full burden of taxation for certain services unless those services were actually received by the area.

The committee recommends that consideration be given to legislative provision in the future to incorporate the view of the Union of British Columbia Municipalities.

The committee recommends, as well, that the provisions of subsection (5) of section 12 of the Municipal Act be amended at this session of the legislature to make the provisions applicable to all classes of municipalities.

The committee further recommends that the Department of Municipal Affairs, by August 31, 1972, ascertain the opinion of the municipalities on the subject-matter presented to the Committee by the Union of British Columbia Municipalities.)

Hon. Mr. Peterson moves adjournment of the House.

Motion approved.

The House adjourned at 6:02 p.m.


The House met at 8:00 p.m.

MR. SPEAKER: Honourable Members, on the orders of the day for this evening's sitting there is an error on page 10 of those orders under the heading of private bills.

Bill No. 52, intituled An Act to Incorporate Vanco Insurance Company, was given a second reading this afternoon and should appear in committee rather than in second reading. I simply announce it to the House so that if further action on the bill is taken you will understand, that the orders are not correct.

Introduction of bills.

Orders of the day.

HON. MR. BENNETT (Premier): Committee on private Bill No. 52, Mr. Speaker.

MR. SPEAKER: Bill No. 52, An Act to Incorporate Vanco Insurance Company.

Bill No. 52 committed and reported complete without amendments.

AN ACT TO
INCORPORATE VANCO INSURANCE COMPANY

Bill No. 52, An Act to Incorporate Vanco Insurance Company read a third time and passed on the following division:

YEAS-40

Mussallem Nimsick Fraser
Wallace Barrett Campbell, B.
Marshall Dailly, Mrs. Wolfe
Cocke LeCours Smith
Hartley Tisdalle McDiarmid
Lorimer McCarthy, Mrs. Chabot
Hall Jordan, Mrs. Skillings
Williams, R.A. Dawson, Mrs. Chant
Wenman Kiernan Loffmark
Kripps, Mrs. Williston Campbell, D.R.J.
Price Bennett Brothers
McGeer Peterson Shelford
Strachan Black Richter
Dowding

NAYS-1
Bruch
PAIR:
Vogel Clark

HON. MR. BENNETT: Committee of supply, Mr. Speaker.

House in committee of supply. The committee rose, reported resolutions, and asked leave to sit again,

[ Page 983 ]

Presenting reports.

Mr. McDiarmid of the select standing committee on forestry and fisheries presented the committee's report which was taken as read and received:

(Your select standing committee on forestry and fisheries begs leave to report as follows:

Pursuant to a motion on February 15, 1972, your committee was ordered convened to study the following matter:

Resolved, That this House authorize the select standing committee on forestry and fisheries to consider the reports prepared by the Forest Service pursuant to request of this committee at the last session on:

  1. The contractor clause in tree-farm licences.
  2. Log and debris salvage in the Strait of Georgia.

And examine into the disposal of chips, sawdust, and hog fuel arising from close-utilization policies which at the present time have caused

(a) an apparent oversupply of chips from sawmill production aggravated by depressed markets for pulp;

(b) reduced ability to dispose of sawdust and hog fuel coincident with a reduced pulp-mill demand and the pending restriction on burners which have been a major method of waste disposal up to the present time.

The objective would be to collect information and make recommendations concerning the short- and long-term problems relative to waste recovery and utilization. The committee should seek submissions from interested forestry groups and from those who have had experience in using such waste for generation of steam.

Meetings were held and representations were heard from MacMillan & Bloedel; Central Interior Loggers; Cariboo Lumber Manufacturer's Association; Western Independent Log Hauler's Association; Vancouver Island Chip Supply; Western Canadian Regional Council No. 1, International Woodworkers of America; Forest Industrial Relations; The Truck Logger's Association; The Chip Advisory Committee of B.C.; Cariboo Pulp & Paper Company; Gulf Log Salvage cooperative; and Weyerhauser Canada Limited.

In addition, briefs were received from Ventura Engineering Limited; Jack Christensen, president, Tahsis Company; Bluebird Sawmills; and a group of log salvage operators.

Your committee believes on this basis of submissions placed before it that the 30-50 per cent contractor clause is in general being lived up to by the tree-farm licence holders. Your committee reaffirms the provisions of the 30-50 per cent contractor clause and is of the strong opinion that any agreement made between the tree-farm licence holder and a union should not in any way be binding upon or interfere with independent contractors operating under the 30-50 per cent contractor clause.

Your committee concurs with the Forest Service recommendation that accumulated wood debris along the lower reaches of the Fraser River between Haney and the Mission Bridge be burned prior to the 1972 freshet. Your committee recommends that if early high-water prevents completion of this project this spring, it should be completed by the Forest Service at a convenient time during the ensuing 12 months. The effect of this project on the Fraser River debris problem should continue to be monitored and a report prepared by the Forest Service for consideration by your committee next year.

The problem of beach salvage for the Strait of Georgia near the East Coast of Vancouver Island was considered. It is apparent that at most, only 30 per cent of beach logs could be salvaged and utilized on an economic basis at this time. Your committee believes that the Forest Service should encourage removal of as much usable beach wood as possible.

Your committee recommends the continuation of Beach Clearance Licence 40 to Vancouver Island Chip Supply for such a period of time as the Forest Service may decide so that the relative efficiency of salvors working under this licence can be compared to those selling to Gulf Log Salvage at a proposed new depot at Ladysmith Harbour.

Your committee heard evidence from many sources and is convinced that the present oversupply of chips is temporary and recommends against any long-term commitment to foreign purchasers. The Chip Advisory Committee of British Columbia seems to be functioning adequately and is currently disposing of chips on a contract basis not exceeding 12 months.

Your committee deplores the burning of chips which has occurred and it has recommended that in each pulp harvesting area it should be the responsibility of the pulp-mill to receive all by-product chips from wood processing plants within that area and the problems of transportation, storage, utilization, or other disposal should be the responsibility of the receiving pulp-mill.

To date the most efficient and most desirable method of disposal of hog fuel appears to be utilization as a fuel in specially designed burners within a pulp-mill, where heat thus generated is used in plant processing plus generation of electricity.

At this time, hog fuel is slightly more expensive than other fuels but the anticipated increase in price of those fuels is expected to make hog fuel more competitive in the near future. Not all hog fuel presently being produced can be utilized in this way and there is every indication of increasing volumes being produced in the future. Other forms of use for this material, such as mulch, particle board, etc., will absorb only a small fraction of production. Hog fuel is unsatisfactory for land fill except in highly selective areas. The burning of hog fuel in nonpolluting burners to produce energy for dry kiln operations or electricity, or a combination of both, appears to be the only likely solution to the pollution problem caused by excess production of hog fuel.

A study is under way to explore this possibility near Williams Lake, and a report is expected this spring.

Your committee recommends that a province-wide study of present and future volumes of hog fuel production be undertaken and methods by which it can most efficiently be utilized in various parts of the Province be studied.

Your committee believes that the Research Council of British Columbia would be admirably suited to undertake such a study.)

Mr. Fraser of the special committee on expropriation presented the committee's report which was taken as read and received.

(Your special committee to study the report on expropriation begs leave to report as follows:

This committee has held five meetings for the consideration of the report on expropriation of the Law Reform Commission. Dr. Gosse, one of the members of the commission, attended two of our meetings. We wish to express our appreciation to Dr. Gosse for his appearances before the committee and for his help in explaining and clarifying the report of the Law Reform Commission.

[ Page 984 ]

The report of the Law Reform Commission is exceptionally comprehensive in its script and contains a great many recommendations, most of which are of a very fundamental nature. Individual members of the committee have, to the extent that the breadth of the recommendations allow, drawn some tentative and some firm conclusions. In order for the committee as a whole, however, to gauge properly the prospective effect of those recommendations, and in the event that they are not all practicable, to choose which should be implemented by legislation, it would be necessary, firstly, to hear the views held by those who can forecast the effect from actual experience, and secondly, to correlate those views and consolidate the various resulting opinions of the committee members. For example, the Law Reform Commission's suggestion with regard to a single acquisition agency is restricted to one that consideration be given to the advantages of the procedures mentioned, and expressly "not that steps should be taken to establish a single acquisition agency or to designate a particular department to be responsible for Crown expropriations, " such consideration, to be carried out effectively, must be preceded by the acquisition of all information available as to those advantages.

Therefore, the committee recognizes that:

  1. A single statute to control expropriation is needed.
  2. Government departments should study the subject with the objective of drafting legislation prior to the 1973 session of the Legislature.
  3. The proposed legislation be subjected to a committee of the Legislature appointed for that purpose during the 1973 session, and so recommends.)

Hon. Mr. Loffmark presents the 23rd annual report of the British Columbia Hospital Insurance Service for the year ended December 31,1971.

Hon. Mr. Bennett moves adjournment of the House.

Motion approved.

The House adjourned at 11:10 p.m.