The following electronic version is for informational purposes only.
The printed version remains the official version.
Ten o’clock a.m.
Prayers by Ms. Tegart.
On the motion of Ms. Isaacs, Bill (No. M 230) intituled High Dose Influenza Vaccine for Seniors Act, 2019 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. D. Plecas (Speaker) tabled the Representative for Children and Youth Report, Caught in the Middle, November 2019.
Ms. Leonard presented the Report of the Special Committee to Appoint a Conflict of Interest Commissioner for the fourth session of the Forty-first Parliament, November 2019.
The Report was taken as read and received.
By leave, Ms. Leonard moved that the Report be adopted.
A debate arose.
Motion agreed to.
By leave, Hon. J. Horgan (Premier) moved —
That this House recommend to the Lieutenant Governor in Council the appointment of Hon. Victoria Gray, Q.C., as an officer of the Legislative Assembly to exercise the powers and duties assigned to the Conflict of Interest Commissioner, for a term of five years, effective January 6, 2020, pursuant to section 14 of the Members’ Conflict of Interest Act (R.S.B.C. 1996, c. 287).
Motion agreed to.
The House proceeded to “Orders of the Day.”
Pursuant to Sessional Order, order called for Section A of Committee of the Whole.
On the motion for second reading of Bill (No. 42) intituled Fuel Price Transparency Act, a debate arose.
On the motion of Mr. D’Eith, the debate was adjourned to the next sitting of the House.
(In Committee — Section A)
Section A of Committee of the Whole reported progress on Bill (No. 41) intituled Declaration on the Rights of Indigenous Peoples Act and asked leave to sit again.
Bill to be considered at the next sitting.
Committee to sit again at the next sitting.
And then the House adjourned at 11.56 a.m.
One-thirty o’clock p.m.
The House proceeded to “Orders of the Day.”
24 The Hon. S. Fraser to move —
Be it resolved that, pursuant to section 38 of Chapter 2 of the Nisga’a Final Agreement, the Legislative Assembly of British Columbia consents to the amendments to the Nisga’a Final Agreement set out in the attached Nisga’a Final Agreement Amending Agreement (No. 4).
NISGA’A FINAL AGREEMENT
AMENDING AGREEMENT
(No. 4)
THIS AMENDING AGREEMENT is dated for reference March 31, 2019
AMONG
HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Crown–Indigenous Relations
(“Canada”)
AND
HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Indigenous Relations and Reconciliation
(“British Columbia”)
AND
The NISGA’A NATION, as represented by the Nisga’a Lisims Government Executive
(“Nisga’a Nation”).
A. On May 11, 2000 the Nisga’a Final Agreement came into effect.
B. The Nisga’a Final Agreement provides for its amendment and specifies requirements for amendments of various of its provisions.
C. The Parties have previously agreed to make certain amendments to the Nisga’a Final Agreement.
D. The Parties now propose the further amendments to the Nisga’a Final Agreement set out in Part II of this Amending Agreement related to the definition of Nisga’a settlement trust.
E. The Parties have determined that the processes set out in paragraph 37, 38 and 40 of Chapter 2 – General Provisions apply to the proposed amendments set out in Part II of this Amending Agreement No. 4.
NOW THEREFORE the Parties agree that the proposed amendments to the Nisga’a Final Agreement set out in Part II of this Amending Agreement No. 4 be recommended
a) By the Nisga’a Lisims Government Executive to Wilp Si’ayuukhl Nisga’a,
b) By the Minister of Crown–Indigenous Relations to the Governor in Council, and
c) By the Minister of Indigenous Relations and Reconciliation to the Legislature of British Columbia.
PART I – DEFINITIONS
1. In this Amending Agreement No. 4:
a) “Nisga’a Final Agreement” means the Nisga’a Final Agreement among the Nisga’a Nation, Her Majesty The Queen in right of Canada and Her Majesty the Queen in right of British Columbia, as it took effect on May 11, 2000, as amended;
b) A reference to a Chapter by number or name is a reference to the corresponding chapter number or name in the Nisga’a Final Agreement; and
c) A reference to a number and paragraph of a Chapter is a reference to the corresponding number and paragraph of the chapter in the Nisga’a Final Agreement.
2. Words and expressions appearing in this Amending Agreement No. 4 that are not defined in this Amending Agreement but are defined in the Nisga’a Final Agreement have the meanings ascribed to them in the Nisga’a Final Agreement.
PART II – AMENDMENTS
3. The definition of “Nisga’a settlement trust” in paragraph 1 of Chapter 15 of the Nisga’a Final Agreement is amended by deleting “means any trust having the following characteristics” and substituting “at any time means a Nisga’a settlement trust as defined in the Taxation Agreement referred to in paragraph 21 of the Tax Chapter or any trust having the following characteristics”.
4. Subparagraph (f) of the definition of “Nisga’a settlement trust” in paragraph of Chapter 15 of the Nisga’a Final Agreement is amended by deleting “Financial Transfers Chapter” and substituting “Capital Transfer and Negotiation Loan Repayment Chapter”.
PART III – PROCEDURES
5. The proposed amendments set out in Part II of this Amending Agreement will take effect in accordance with paragraph 41 of Chapter 2 – General Provisions, on the date that the last Party required to consent to the amendments gives its consent.
6. 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 transmission and a facsimile so transmitted will constitute an original document. Signed counterparts held by a Party, taken together, will constitute one and the same instrument.
FOR HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Crown–Indigenous Relations, signed this ________ day of __________________, 2019.
| ____________________________________ The Honourable Carolyn Bennett, Minister of Crown–Indigenous Relations |
____________________________ Witnessed by |
FOR HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Indigenous Relations and Reconciliation, signed this _____ day of ____________, 2019.
| ____________________________________ The Honourable Scott Fraser, Minister of Indigenous Relations and Reconciliation |
____________________________ Witnessed by |
FOR THE NISGA'A NATION, as represented by the Nisga'a Lisims Government Executive, signed this _____ day of ____________, 2019.
| ____________________________________ Eva Clayton, President |
____________________________ Witnessed by |
Motion agreed to.
Pursuant to Sessional Order, order called for Section A of Committee of the Whole.
The House resumed the adjourned debate on the motion for second reading of Bill (No. 42) intituled Fuel Price Transparency Act.
The debate continued.
The House divided
Motion agreed to nemine contradicente on the following division:
| Yeas — 82 | |||
| Chouhan Kahlon Begg Brar Heyman Donaldson Mungall Bains Beare Chen Popham Trevena Chow Kang Simons D’Eith Sims Routley Ma Elmore Dean |
Routledge Singh Leonard Glumac Darcy Simpson Robinson Farnworth Horgan James Eby Dix Ralston Mark Fleming Conroy Fraser Chandra Herbert Malcolmson Furstenau Weaver |
Olsen Cadieux de Jong Bond Wilkinson Lee Stone Coleman Wat Bernier Thornthwaite Paton Ashton Barnett Yap Martin Davies Kyllo Sullivan Reid |
Morris Stilwell Ross Oakes Johal Rustad Milobar Sturdy Clovechok Hunt Throness Tegart Stewart Sultan Gibson Foster Isaacs Letnick Thomson Larson |
Bill (No. 42) read a second time and Ordered to be placed on the Orders of the Day for committal at the next sitting after today.
(In Committee — Section A)
Section A of Committee of the Whole reported progress on Bill (No. 41) intituled Declaration on the Rights of Indigenous Peoples Act and asked leave to sit again.
Bill to be considered later today.
Committee to sit again later today.
Bill (No. 41) intituled Declaration on the Rights of Indigenous Peoples Act was again committed.
On the motion that the Committee rise and report the Bill complete without amendment, the Committee divided.
Motion agreed to nemine contradicente on the following division:
| Yeas — 82 | |||
| Kahlon Begg Brar Heyman Donaldson Mungall Bains Beare Chen Popham Trevena Chow Kang Simons D’Eith Sims Routley Ma Elmore Dean Routledge |
Singh Leonard Glumac Darcy Simpson Robinson Farnworth Horgan James Eby Dix Ralston Mark Fleming Conroy Fraser Chandra Herbert Malcolmson Furstenau Weaver Olsen |
Cadieux de Jong Bond Polak Wilkinson Lee Stone Coleman Wat Bernier Thornthwaite Paton Ashton Barnett Yap Martin Davies Kyllo Sullivan Reid |
Morris Stilwell Ross Oakes Johal Rustad Milobar Sturdy Clovechok Hunt Throness Tegart Stewart Sultan Gibson Foster Isaacs Letnick Thomson Larson |
Bill (No. 41) reported complete without amendment, read a third time and passed.
And then the House adjourned at 6.25 p.m.
HON. DARRYL PLECAS, Speaker
Wednesday, November 27
3 Mr. Sullivan to ask the Hon. Minister of Finance and Deputy Premier the following question: —
For 2018 and 2019, the Speculation and Vacancy Tax Act (“SVT”) exempts properties unrentable due to strata bylaw rental restrictions, as allowed by the Strata Property Act, thereby avoiding a conflict of law between the SVT and the Strata Property Act, by not taxing properties which are unrentable due to strata bylaws.
1. After 2019, how will the Minister avoid that conflict of law — requiring property owners to rent their property at least 6 months to be exempt from the SVT, when they are not legally able to rent their property due to strata bylaw rental restrictions allowed by the Strata Property Act?
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