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The House met at 12:04 p.m.

Prayers.

The Speaker: The hon. member for Richmond-Steveston rises on a matter.

A. Warnke: I rise to make a personal statement of privilege, hon. Speaker.

The Speaker: Order, please. The hon. member advised the Speaker earlier of his desire to make a personal statement. According to tradition, this is appropriate, and the hon. member will now do so.

A. Warnke: I rise today to clarify my status within this chamber. In the best interests of my caucus colleagues and the Liberal Party candidates in the upcoming election, and most important, in the best interests of the people of Richmond-Steveston, and ultimately, to be fair to myself, my family, my friends and especially my supporters in Richmond and throughout British Columbia, I am announcing today that I will not seek the Liberal nomination for Richmond-Steveston. To reinforce this, I am completely disassociating myself from the B.C. Liberal Party caucus to serve as an independent member of this Legislature. [Applause.]

The Speaker: Order, please. Please proceed, member.

A. Warnke: Hon. Speaker, I do this for the remainder of this parliament, no matter how short or long its duration.

Also, hon. Speaker, in making what perhaps is my last statement in this House, may I extend, through you to all members serving in this Legislature, my deepest gratitude, appreciation and respect for having worked with them in the past four and a half years to make this a better province so that our hopes and aspirations will never die.

Hon. D. Streifel: It is my pleasure to introduce Bill 22, BC Forest Renewal Amendment Act, 1996. This government introduced the BC Forest Renewal Act in 1994 to enhance the productive capacity and environmental value of forest lands, to create jobs, to provide training for forest workers and to strengthen forest communities. For the first time, this legislation established a clear commitment and necessary programs to help forest workers, their communities and their families.

The bill I am presenting today makes amendments to that legislation which will provide additional assistance and support to displaced or underemployed forest workers. Bill 22 will give displaced forest workers first-priority hiring on Forest Renewal B.C.-funded projects, effectively utilizing the knowledge and experience of these workers. It also provides for the establishment of a forest worker agency to match eligible British Columbia forest workers with jobs on Forest Renewal B.C. projects.

Bill 22 builds on this government's commitment to forest workers and their families by establishing their job priority and this new agency in law.

Bill 22 introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

On section 1.

W. Hurd: I have an amendment that I wish to introduce to section 1(2) at this time. It's a lengthy amendment, hon. Chair. I'd like to read it out. Then, before I submit it to the Chair. . . .

The Chair: Excuse me, member. Given that it is a lengthy amendment, and we don't have a copy, could I ask those members who have business outside the chamber to please depart so we can hear this and find out if it is in fact in order. Sorry, member. If you'll take just a moment, until those people do depart, and then proceed from there. Thanks for your cooperation, member. Please proceed.

W. Hurd: Thank you, hon. Chair. My amendment is to amend section 1(2) to read:

[(2)

(a) If a dispute arises after collective bargaining has commenced, either of the parties to the dispute may apply to the chair" -- the Labour Relations Board -- "to investigate. . .on his or her own motion. . .whether or not the dispute poses a threat to the economy of the province or to the health, safety, welfare or economic threat of the residents of British Columbia or to the provision of educational services in the province, and report the results of the investigation to the minister.

(b) The minister may do either or both of the following:

(i) order a cooling-off period not exceeding 40 days;

(ii) direct the council to designate those facilities, productions and services that the council considers necessary or essential to prevent immediate and service danger to the economy of the province or to the health, safety or welfare of its residents or to the provision of educational services in the province.

(c) Where a cooling-off period is ordered under this section, no employee or trade union that is party to the dispute shall strike, and no employer who is party to the dispute shall lock out his employees, and any existing strike or lockout by a party to the dispute is suspended.

[12:15]

(d) Where the council designates facilities, productions and services under subsection 2(b)(ii), the employer and the trade union shall supply, provide or maintain in full measure those facilities, productions and services and shall not restrict or limit a facility, production or service so designated.

(e) Any order, direction or designation made or given under this section may be amended, varied or revoked and another made in its place, but the minister may not in respect of one dispute order a second cooling-off period.]

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Hon. Chair, I move that amendment and submit it at this time.

The Chair: Thank you, member. I'm going to go to the minister for response while the table has a quick review of the amendment.

Hon. E. Cull: I would advise you to take a close look at it. In listening carefully to the member reading the amendment, I believe that this should be ruled out of order. It goes well beyond the purpose of the bill and, in fact, goes beyond the debate we had yesterday. The member is attempting to win yesterday's debate all over again, although I will note that he did vote in favour of the principle of the bill yesterday. These changes attempt to expand the legislation far beyond its intent as a 60-day remedy to emergency situations or emerging situations.

The Chair: I thank the minister for her response. I concur with that conclusion. I think the amendment does indeed go much beyond the scope and has the effect of rewriting the bill. The motion to amend is not accepted.

W. Hurd: Hon. Chair, I have a second amendment under section 1. It's an amendment that I think really amplifies but does not necessarily expand on the intent of this legislation. It's an amendment to section 1(2), and it parallels the wording of the language that appeared in Bill 31, which was introduced in 1993. It clarifies the role of the government in ordering an end to a strike that may occur. I'd like to read this amendment and introduce it for consideration.

[To amend section 1(2) to read:

(2) The collective agreement between the employer and the trade union that (a) last expired before this act comes into force, and (b) has not been renewed, is extended and deemed to be in effect for the period from the expiry date of the collective agreement to the date on which a renewed or revised collective agreement between the employer and the trade union comes into force.]

Mr. Chairman, this particular amendment, which I will introduce at this time, parallels directly the language in Bill 31, which was introduced in this assembly in 1993 to legislate an end to the strikes by the teachers' associations in Surrey and Vancouver. I think it protects the interests of the taxpayers by ensuring that if this Bill 21 does come into force and is so enacted by the government, the taxpayers of the province are protected by virtue of extending the current collective agreement, as opposed to ordering the recommendations of an industrial inquiry commissioner, which in the case of the Surrey dispute, I am advised, would be a major burden to the taxpayers of the province. I think that this is a reasoned amendment that is worthy of debate and consideration at this time.

Hon. E. Cull: I oppose the amendment again, as contrary to the intent of the bill, which is not simply to extend existing agreements, but to bring about a resolution where a mediator or an industrial inquiry commission has been involved in the dispute, has made recommendations to resolve the dispute, and the bargaining has got into difficulty at that point. The amendment that the member makes would preclude any agreement that had been reached at the bargaining table on particular issues from being included as part of the collective agreement, and it also precludes the recommendations of the IIC, which may resolve problems that have come up since the last collective agreement was ratified, from being addressed at this time. So I am opposed to it.

The Chair: It seems to the Chair that the amendment, in effect, has the effect of negativing the intention insofar as we are talking now about existing agreements rather than recommendations. And the heart of the legislation is to talk about the recommendations. In that sense the amendment goes much beyond the scope of an amendment and is out of order.

W. Hurd: Just a further point, hon. Chair.

The Chair: To clarify, member?

W. Hurd: Clarification with respect to the concern that a recommendation by the government to end a dispute and impose settlement will have the impact of carrying far beyond the 60-day period called for under the act. This amendment, far from increasing the scope of the act, actually is a reasoned amendment that would tie the period of review and discussion for at least 60 days. The concern we are dealing with in this particular section is that an imposed settlement, under the terms of the industrial inquiry commission, could carry far beyond the scope of the 60-day period we are dealing with.

The Chair: I think the member makes my point. What your amendment does is change the intent of the original bill and in that sense is beyond the scope of what an amendment can do and therefore is not acceptable. I'm sorry, member, the amendment is out of order.

Sections 1 to 4 inclusive approved.

Title approved.

Hon. E. Cull: Hon. Chair, I move that the committee rise and report the bill complete without amendment.

Motion approved.

The House resumed; the Speaker in the chair.

Bill 21 read a third time and passed on the following division:

[12:30]

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Motion approved.

The House recessed from 12:34 p.m. to 2:34 p.m.

The Speaker: Hon. members, His Honour the Lieutenant-Governor is about to enter the chamber. I'd ask members to please keep their seats. He will be here momentarily.

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

Clerk of the House:

Education and Health Collective Bargaining Assistance Act

In Her Majesty's name, His Honour the Lieutenant-Governor doth assent to this bill.

His Honour the Lieutenant-Governor retired from the chamber.

Hon. J. MacPhail: Hon. Speaker, I move that the House stand adjourned until 2 p.m. tomorrow.

Motion approved.

Hon. J. MacPhail moved adjournment of the House.

Motion approved.

The House adjourned at 2:37 p.m.

Copyright © 1996: Queen's Printer, Victoria, British Columbia, Canada