[ Page 8843 ]

CONTENTS

Prorogation

Election of Speaker –– 8843

Introduction of new members –– 8843

Closing speech. Hon. David C. Lam, Lieutenant-Governor –– 8845

The House met at 10:02 a.m.

CLERK OF THE HOUSE: On November 1, 1989, by letter to His Honour the Hon. David S. Lam, Lieutenant-Governor of British Columbia, the Hon. John Reynolds, member for West Vancouver-Howe Sound, resigned as Speaker of the Legislative Assembly.

HON. MR. RICHMOND: Mr. Clerk, I move that C. Stephen Rogers, Esquire, second member for Vancouver South, do take the Speaker's chair and preside over the meetings of this assembly.

MR. ROSE: On behalf of the official opposition, I am pleased to second the nomination.

CLERK OF THE HOUSE: C. Stephen Rogers, hon. second member for Vancouver South, has been duly nominated as Speaker of this assembly. Is there any further nomination?

I declare that C. Stephen Rogers, hon. second member for Vancouver South, has been duly elected as Speaker of the Legislative Assembly.

MR. SPEAKER: I would like to humbly thank the members of the assembly for this honour they have bestowed on me today, but as members will appreciate, I am not properly attired to sit in this chair, so there will be a short recess while I prepare properly.

The House recessed at 10:05 a.m.

The House resumed at 10:14 a.m.

Prayers.

CLERK OF THE HOUSE:

October 6, 1989

Mr. Ian M. Horne, QC,
Clerk of the Legislative Assembly,
Parliament Buildings,
Victoria, B.C.

Dear Sir:

Re: By-election, Cariboo Electoral District, September 20, 1989

I am pleased to enclose herewith a copy of a letter from Mr. Harry M. Goldberg, chief electoral officer, certifying the election of Mr. David Zirnhelt as the member to represent the Cariboo electoral district in the Legislative Assembly.

Yours sincerely,
Melvin H. Smith, QC,
Deputy Minister of Tourism and
Deputy Provincial Secretary

Mr. Melvin Smith, QC,
Deputy Minister of Tourism and
Deputy Provincial Secretary,
Parliament Buildings,
Victoria, B.C.

Dear Sir:

Re: By-election, Cariboo Electoral District, September 20, 1989

The May 11, 1989, notice from the Speaker of the Legislative Assembly advising of the death of the first member for the electoral district of Cariboo created a vacancy in the membership of the Legislative Assembly. A writ of election was issued on August 23, 1989, requiring that a by-election be held to fill the vacancy. Accordingly, September 20, 1989, was designated as election day.

The completed writ of election has been returned to me, and I hereby certify the election of David Zirnhelt as the second member to represent the Cariboo electoral district in the Legislative Assembly.

Yours very truly,
Harry M. Goldberg,
Chief Electoral Officer

HON. MR. DIRKS: Mr. Speaker, I hereby move that the letter of the Deputy Minister of Tourism and Deputy Provincial Secretary and the certificate of the chief electoral officer of the results of the election of the member be entered upon the Journals of the House.

Motion approved.

MR. HARCOURT: Mr. Speaker, I have the honour to present to you David Zirnhelt, the second member for the electoral district of the Cariboo, who has taken the oath, has signed the parliamentary roll, and now claims his right to take his seat.

The hon. second member for Cariboo took his seat.

CLERK OF THE HOUSE:

December 29, 1989

Ian M. Horne, QC,
Clerk of the Legislative Assembly

Dear Sir.

Re: By-election, Oak Bay–Gordon Head electoral district, December 13, 1989

I am pleased to enclose herewith a copy of a letter from Mr. Harry M. Goldberg, chief electoral officer, certifying the election of Ms. Elizabeth Cull as the member to represent the Oak Bay–Gordon Head electoral district In the Legislative Assembly.

[ Page 8844 ]

Yours sincerely,
Melvin H. Smith, QC,
Deputy Provincial Secretary

Mr. Melvin H. Smith, QC,
Deputy Provincial Secretary

Dear Sir:

Re: By-election, Oak Bay–Gordon Head electoral district, December 13, 1989

The November 15, 1989, resignation of Brian Smith, the member for the electoral district of Oak Bay–Gordon Head, created a vacancy in the membership of the Legislative Assembly. A writ of election was issued on November 15, 1989, requiring that a by-election be held to fill the vacancy. Accordingly, December 13, 1989, was designated as election day. The completed writ of election has been returned to me, and I hereby certify the election of Elizabeth Cull as the member to represent the electoral district of Oak Bay-Gordon Head in the Legislative Assembly.

Yours very truly,
Harry M. Goldberg,
Chief Electoral Officer

HON. MR. DIRKS: Mr. Speaker, I hereby move that the letter of the Deputy Provincial Secretary and the certificate of the chief electoral officer of the results of the election of the member be entered upon the Journals of the House.

Motion approved.

MR. HARCOURT: Mr. Speaker, I have the honour of presenting to you Elizabeth Cull, member for the electoral district of Oak Bay-Gordon Head. She has taken the oath, has signed the parliamentary roll, and now claims her right to take her seat.

The hon. member for Oak Bay-Gordon Head took her seat.

MR. SPEAKER: Prior to recognizing the member for Vancouver East, I would like to advise all members that under normal circumstances on regular days we go through a period of introductions. However, today being a special day, it's left to the Speaker.

I would like the House to make welcome both new members and their extended families who are joining us today on the floor of the House. They are fathers, brothers, mothers, sisters, aunts, uncles, children and associated friends. The new Speaker is also accompanied today by his mother, sister, aunt, son and some friends. Would the House please make them all welcome.

MR. CLARK: Mr. Speaker, I rise on a point of privilege relating to the disclosure of legislation to municipalities and the public prior to the introduction of such legislation in the House.

I understand that a matter of privilege must be raised at the first possible opportunity. As the House has not sat for over eight months, it is clearly my first opportunity. The matter to which I will refer is of considerable concern to me and to members of the Legislature. The actions of the government have held this House in contempt.

MR. SPEAKER: Order, please. There may be several motions of privilege or matters of privilege brought forward on the first day following a long recess of the House. And today is such a day. However, the only rule that we really need to concern ourselves with today is bringing the matter forward on the first available occasion. And having brought the matter to my attention on the first available occasion, you have not prejudiced your ability to bring it forward at another time. Today being a day of formalities, normally matters of privilege are delayed and brought forward on the first available day afterwards.

MR. CLARK: I disagree with that statement. Mr. Speaker has been in this House longer than I, although it is his first day in the chair. But I draw the Speaker's attention to that learned journal by Mr. MacMinn. Page 68 deals with closing day. I would like to assist the Chair by drawing his attention to the section which says: "Closing day. Prorogation of parliament is a prerogative of the Crown and may not be interrupted by routine proceedings." "Routine proceedings, " as the Speaker knows, has a specific designation in the rules that govern this place.

This is not a routine matter; this is a matter of privilege, a matter of utmost importance. Matters of privilege are normally dealt with— from all of the evidence that I have seen — at the first possible opportunity. And it is not normal in fact to provide notice. But that is a courtesy which this House is sometimes afforded.

MR. SPEAKER: Hon. member, please take your seat. The Chair is of course privileged to have rulings from previous Speakers which one can refer to on a number of occasions. And Mr. Speaker Dowding has armed this Chair with all of the ammunition it requires to deal with those matters which the Chair decides can be dealt with. I can assure the member, if he wishes to have a copy of Mr. Speaker Dowding's rulings But hon. member, I must ask you to close with the matter now, and I advise you that the matter will be brought up at the first available opportunity under normal proceedings of the House, which will be tomorrow morning at 10 o'clock.

MS. MARZARI: Mr. Speaker, guided by your infinite wisdom on this subject, I will not try therefore to bring forward standing order 26. I will give notice of a motion I wish to debate before this House. This is the very first opportunity in this House to debate, and to give notice to debate, the fact that the

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public accounts have not been presented to this House this day. This is despite the fact that this House last year, on its last date of sitting, in a report from the Public Accounts Committee, in a rare moment of consensus, informed this House that the committee recommends that the public accounts be made publicly available as soon as possible after the end of the fiscal year in which they've been done.

The House followed the instruction of the committee and, in fact, adopted this. That is now an instruction of this House. I wish to bring this forward to this House at this time, to be debated tomorrow, particularly since the Minister of Finance (Hon. Mr. Couvelier), in a letter to the auditor-general, has stated that he does not wish to be guided by the instructions of this House.

[10:30]

MR. SPEAKER: Hon. member, again, the same proceeding applies. Having brought it forward today, you will not prejudice the matter of the first available opportunity.

MS. A. HAGEN: I rise to give notice of motion, guided by your ruling for the last two speakers, on a question of privilege. I would note again that this is the first time this House has met in eight and a half months, and it is my first opportunity to raise the concern.

Prior to our sitting today, the Minister of Education (Hon. Mr. Brummet) announced, as early as January 31, that legislation would be introduced to require school boards to go to referendum for certain education funding. In his latest announcement, as of yesterday at 3 p.m., he stated it is unlikely that this legislation would be passed prior to boards going to referendum by a specific date, April 28.

Mr. Speaker, the failure to call the House to consider this legislation is a contempt of the democratic tradition of this House and impedes members in the exercise of their duties. Therefore I serve notice that I will introduce a motion of privilege on this matter at the earliest opportunity, as you have indicated, and that is the session tomorrow morning.

Mr. Speaker tabled a special report of the Legislative Assembly prepared by the auditor-general, "The Lottery Fund and Audit Granting Process," dated February 27, 1990.

The House recessed at 10:32 a.m.

The House resumed at 10:34 a.m.

His Honour the Lieutenant-Governor entered the chamber and took his place in the chair.

MR. SPEAKER: May it please Your Honour, the House of Assembly has elected me their Speaker, although I am little able to fulfil the important duties thus assigned to me. If in the performance of these duties I should fall at any time to error, I pray the fault will be imputed to me and not to the assembly whose servant I am and who, through me, the better to enable them to discharge their duty to the Queen and the country, humbly claim all their undoubted rights and privileges, especially that they may have the freedom of speech in their debates and access to Your Honour's person at all seasonable times, and that their proceedings may receive Your Honour's most favourable interpretation.

HON. MR. LAM (Lieutenant-Governor): Mr. Speaker, I wish you well in your very important undertaking.

Mr. Speaker and Members of the Legislative Assembly, in closing the third session of the thirty-fourth parliament of British Columbia, I compliment your commitment and dedication over the past year.

The assembly debated and approved over 85 pieces of legislation. The budget approved by this Legislature was a balanced budget meeting all basic needs of British Columbians. It set the framework for essential programs in the social and economic portfolios.

You passed the Electoral Boundaries Commission Act. This progressive legislation establishes an independent Electoral Boundaries Commission to regularly review electoral boundaries.

The Royal Commission on Education studied the significant challenges and opportunities facing our education system as we move towards the twentyfirst century. You are to be commended on approving in this session a new School Act and a new Independent School Act.

Another major report receiving your attention, the report of the justice Reform Committee, "Access to Justice," made recommendations to ensure the justice system of the province of British Columbia is accessible, understandable, relevant and efficient.

A Supreme Court Act, Small Claims Act, Court Rules Act and amendments to a variety of statutes in the justice Reform Statutes Amendment Act, 1989, are positive steps in the reform of our justice system.

I note with great satisfaction the process of extensive and broadly based consultation that preceded these new directions in education and justice services.

The economy of the province continued to be buoyant during 1989. Increased trade and domestic demand, brought about by new capital investment, has enabled British Columbia to generate record levels of employment growth.

In recognition of the need to strengthen trading relations, you adopted legislation creating the British Columbia Trade Development Corporation.

You passed the Vancouver Island Natural Gas Pipeline Act to enable my government to achieve a longstanding goal and enter into an agreement with the government of Canada and the pipeline company for the construction of a pipeline across the Strait of Georgia. This alternative energy source to a growing part of the province will not only enhance economic growth but diminish environmental threats.

My government's ongoing concern with our environment saw you pass the Waste Management

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Amendment Act, 1989. This measure was a clear signal that we are not prepared to sacrifice our unique and special environment.

Environmental protection and reclamation of land and watercourses affected by mining operations were an Important theme of a new Mines Act.

Legislation was also approved amending the Wildlife Act. This initiative recognizes our concern for the protection of endangered species.

A new Financial Institutions Act and Credit Union Incorporation Act created a modern and efficient regulatory framework to govern financial institutions. To strengthen the Securities Commission and to improve the protection of investors, you approved significant amendments to the Securities Act. The Personal Property Security Act regulates almost all credit transactions involving personal property. This legislation will benefit both consumers and the business sector.

You approved important amendments to the Workers Compensation Act. This legislation provides a mechanism for labour, management and public interest representatives collectively to establish overall policy and direction for this program.

You approved the Residential Property Tax Increase Limitation Act, 1989, in a measure to provide some tax relief against inflated residential property land values.

The Residential Tenancy Amendment Act, 1989, provided for better protection for residents of longterm rooming-houses and lower-cost hotels. In addition, the legislation established a more efficient and less costly method of settling disputes between landlords and tenants.

The Continuing Care Act established mechanisms to protect the health and safety of those in continuing care.

As the most rapidly growing segment of our population, the need for strategies to improve the lives of British Columbia's seniors resulted in the passage of the Seniors Advisory Council Act. This enactment provides for a formal consultative process to guide my government's response to current and future issues relating to seniors.

To address consumer concerns respecting the use of chemicals in food production and ensure environmentally sensitive food-processing methods, you passed the Food Choice and Disclosure Act.

As a further deterrent to those who breach our motor vehicle traffic laws, you approved legislation providing for the imposition of fines for moving violations.

These measures are only a few highlights of your most recent deliberations.

Hon. members, on behalf of all British Columbians, I thank you for the careful consideration you have given to the many significant matters which have come before you. I now relieve you of your legislative duties.

His Honour the Lieutenant-Governor retired from the chamber.

[10:45]

HON. MR. DIRKS: Mr. Speaker and Members of the Legislative Assembly, it is His Honour the Lieutenant-Governor's will and pleasure that this Legislative Assembly be prorogued until 3:00 p.m. today. This provincial Legislative Assembly is hereby prorogued accordingly.

The House adjourned at 10:46 a.m.