Nos. 1 and 2 VOTES AND PROCEEDINGS OF THE Legislative Assembly of British Columbia First Session of the Forty-second Parliament

Monday, December 7, 2020

Ten o’clock a.m.

This being the first day of the first meeting of the Forty-second Parliament of the Province of British Columbia for the dispatch of business, pursuant to a Proclamation of the Honourable Janet Austin, Lieutenant Governor of the Province, dated the 1st day of December, 2020, the Members took their seats, having taken the prescribed oath.

The Honourable Janet Austin, Lieutenant Governor of the Province, having entered the House, took her seat on the Throne.

The Hon. D. Eby (Attorney General) said:

Members of the Legislative Assembly:

I am commanded by Her Honour the Lieutenant Governor to announce that she does not see fit to declare the cause of her summoning you at this time and will not do so until you have chosen a Speaker to preside over your Honourable Body. Her Honour the Lieutenant Governor hopes to be enabled to declare, during the afternoon, her reason for calling you together.

Her Honour was then pleased to retire.

Kate Ryan-Lloyd, Clerk of the Legislative Assembly, advised the House that only one candidate has declared his intention to stand for the election of Speaker and, accordingly, Raj Chouhan, Member for Burnaby-Edmonds Electoral District, was declared as the duly elected Speaker. He was then taken out of his place by the Hon. M. Farnworth and Mr. Milobar and conducted to the Chair and made a statement expressing his grateful thanks to the House for the great honour they had been pleased to confer upon him by electing him to be their Speaker.

The Speaker declared a short recess.

The Hon. J. Horgan (Premier) made a statement.

Ms. Bond made a statement.

Ms. Furstenau made a statement.

The Hon. R. Chouhan (Speaker) made a statement.

The Hon. M. Farnworth moved —

That, notwithstanding Standing Order 2 (1), the House do now adjourn until 2 o’clock p.m. today when Her Honour the Lieutenant Governor will present the Speech from the Throne.

Motion agreed to.

And then the House adjourned at 10.30 a.m.

Monday, December 7, 2020

Two o’clock p.m.

Blessing by Butch Dick, Elder, Songhees Nation.

The Honourable Janet Austin, Lieutenant Governor of the Province, having entered the House, took her seat on the Throne. The Speaker standing on Her Honour’s right, then spoke to the following effect:

May it please Your Honour:

The House of Assembly has elected me as their Speaker, though I am but little able to fulfill the important duties thus assigned to me. If, in the performance of those duties, I should at any time fall into error, I pray that the fault 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 country, humbly claim all their undoubted rights and privileges, especially that they may have the freedom of speech in their debates, access to Your Honour’s person at all seasonable times, and that their proceedings may receive from Your Honour the most favourable interpretation.

The Hon. D. Eby (Attorney General) then said:

Honourable Speaker:

I am commanded by Her Honour the Lieutenant Governor to declare to you that she freely confides in the duty and attachment of the House of Assembly to Her Majesty’s person and Government, and not doubting that their respective proceedings will be conducted with wisdom, temper and prudence, she grants, and upon all occasions will recognize and allow, their constitutional privileges. I am commanded also to assure you that the Assembly shall have ready access to Her Honour the Lieutenant Governor upon all seasonable occasions, and that their proceedings, as well as your words and actions, will constantly receive from her the most favourable construction.

Her Honour the Lieutenant Governor was then pleased to open the Session by the following gracious Speech:

Opening

We begin by acknowledging the Lekwungen peoples, the Songhees and Esquimalt First Nations, upon whose traditional lands we are gathered today.

We open the 42nd Parliament at a difficult moment, when the successes we collectively achieved in flattening the COVID-19 infections curve in the spring stand in contrast with the toll extracted by the wave we confront now.

It is a longstanding tradition to begin a new session by memorializing prominent British Columbians who have passed away since the last Speech from the Throne.

At this extraordinary time, it is appropriate to focus on the almost 500 British Columbians who have died from COVID-19.

We pause to mourn those who have passed — all of them taken from us by a virus that was unknown just one year ago.

We acknowledge the grief the pandemic has caused all British Columbians, especially those who have lost someone they love.

And we recognize the compounding effect of the pandemic on the parallel health emergency that is the opioid crisis.

We mourn those we have lost to an increasingly toxic drug supply. They were our children, parents, sisters, brothers, and neighbours.

And their memory fuels our continued resolve to turn back the tide again — to save lives, get people treatment and end this terrible crisis.

While COVID-19 threatens people of all ages, our elders are especially at risk.

Seniors infected by COVID-19 are more likely to end up in the hospital and, sadly, much more likely to die from it than younger people.

Those whose health is most endangered by this global pandemic are the same people who have already been through their share of hard times.

They faced challenges they did not always choose. But they carried on with an eye toward a better future.

Now it falls to us to do the same. This moment calls on us all to show resiliency and look out for each other — as those who came before us did.

We did not choose the challenge of COVID-19, but we are meeting it.

Health-care providers have worked themselves to exhaustion and put themselves at risk to care for others.

So many other workers have kept our supply chains running and food on our shelves.

Teachers and educational support staff are keeping our classrooms and child care centres open so children can continue to learn, grow, and make connections with friends.

Most of all, ordinary British Columbians have made extraordinary efforts and sacrifices to keep their communities safe.

Overwhelmingly, British Columbians have united behind front-line caregivers and workers and continue to reject those who would divide us.

Already we can see the signs of better days ahead, as science and research lead the way with new treatments and vaccines.

As we gather here today, we recommit to putting our shoulders to the wheel and working together to make those better days a reality, as quickly as possible, for everyone.

Focusing now on beating the virus will allow British Columbia to move as quickly as possible to address our economic recovery.

By investing in people, strengthening communities, and supporting jobs and growth in a clean-energy future, we can build a recovery for everyone.

All will be guided by this government’s core principles, including climate action and reconciliation with Indigenous peoples.

Protecting People’s Health

Nothing is more important than the health of your family.

While the scale of COVID-19 means we use numbers to understand its spread, behind those numbers are real people and real families.

Families grieving a parent or grandparent who died without their children by their bedside to comfort them.

Others unable to find solace in the rites, sacraments or ceremonies of mourning.

Even for those who recover, COVID-19 can mean weeks of pain, fear and uncertainty.

Your government’s priority in the fight against COVID-19 has been, and will remain, protecting people’s health. In the spring, government acted decisively.

In a matter of weeks, the Government of British Columbia:

• Worked with the federal government to quickly close the border with the United States;

• Addressed outbreaks in long-term care by limiting workers to one facility and providing supports for safer visits for families;

• Acted to provide appropriate care in Indigenous, rural and remote communities;

• Postponed non-urgent surgeries to prepare for the initial surge of hospitalizations;

• Secured the large amounts of personal protective equipment our frontline workers need to keep our health system safe; and

• Worked with public-health officials to implement a strategic testing and contact-tracing strategy to limit outbreaks as they emerged.

In early fall, your government rolled out additional plans, including:

• Hiring 7,000 new front-line health-care workers, including health-care aides, to help ensure seniors get the high-quality care they need and deserve; and

• Hiring approximately 1,000 people to work as contact tracers to help stop further spread in the community;

The steps taken so far have saved lives. However, as we face the latest wave of COVID-19, we must do even more.

In the months ahead, your government will build on the measures already in place. Some programs will be extended or expanded, and new ones launched.

First and foremost, we will continue to support people, communities and businesses to implement whatever public-health protections are necessary to address outbreaks.

Preparations are underway for when a vaccine is available.

The focus will be distributing it to British Columbians quickly and safely, beginning with those most at risk.

A new Hospital at Home initiative is ramping up across the province that allows patients to receive medical services in their own homes, helping to reduce congestion in hospitals.

Your government will also move ahead with a health-care plan based on three main goals:

• Faster care, so patients will have shorter wait times for the care they need;

• Care closer to home, so more people will be able to receive care in their local community, or even at home;

• More personalized care, to make it simpler and less stressful for patients and their families to navigate the health-care system.

Your government will take action on faster care by:

• adding more MRI machines in high-demand areas to reduce wait times;

• training, recruiting and certifying more skilled health-care professionals; and

• bringing in new approaches to build on the success of our Surgical Renewal Plan and an increase in diagnostic procedures.

Government will ensure patients get care closer to home by delivering ten more community-based Urgent Primary Care Centres in more communities and building and modernizing hospitals.

And your government will develop more personalized health care by expanding primary care networks and refocusing on rural health care.

It will also work with health employers and unions to hire a workforce that better represents the communities it serves.

Keeping seniors safe and allowing them to live with the dignity and independence they deserve are top priorities for your government.

Government will continue to make the investments needed to deliver better care for seniors, and stability and safety for long term care workers.

Protecting People’s Livelihoods

When COVID-19 hit, B.C. was an economic leader in Canada.

Our province saw robust growth, rising wages, and unemployment at or near the lowest in Canada for two years running.

Balanced budgets and a triple-A credit rating put us in an enviable fiscal position.

Over the same time, government made significant investments to benefit British Columbian families, communities and businesses, and to help make life more affordable for people.

Building affordable housing helps more families find good places to live while helping businesses attract and retain talent.

Investments in child care give children a good start in life, while creating jobs and allowing more people to join the workforce.

Fixing roads and bridges shortens commute times and makes life safer, while creating jobs and helping B.C. businesses get their goods to market.

The same applies to the investments and the necessary public-health measures that keep people safe during a pandemic.

These actions do not restrict economic activity. They are the tools government can use to foster it.

In short, healthy people are necessary for a healthy economic recovery.

Your government acted quickly to support people during the pandemic:

• More than 600,000 workers received help from a $1,000 Emergency Benefit;

• More than 86,000 renters got the peace of mind that came with temporary rent relief and protection from the threat of eviction;

• More than 200,000 people on disability and income assistance received crisis supplements;

• 80 per cent of BC families got more money in their pockets, thanks to a doubling of the enhanced climate action tax credit.

During this first phase, your government’s interventions were focused on helping people observe health restrictions without fear of losing their incomes or homes.

Businesses received help through property tax cuts, deferred tax payments, and BC Hydro rate relief.

These measures have helped protect jobs and businesses. Amongst the large provinces in Canada, B.C. has the highest job recovery rate of pre-pandemic employment levels.

But, as with fighting the virus itself, now is the time to redouble our efforts.

This fall, your government released a robust Economic Recovery Plan.

Eligible businesses are already receiving direct support from the plan’s various measures, including the small business recovery grant, the Increased Employment Incentive and the PST rebate on machinery and equipment.

These supports provide direct funding to hard-hit businesses, making it easier for them to invest in the people and capital needed to recover.

In the short term, government will support businesses, jobs and incomes, in several ways:

• Give most British Columbian households direct financial assistance — and help support economic activity during the recovery with the BC Recovery Benefit;

• Reward eligible businesses for hiring;

• Help thousands of people upskill or reskill and find in-demand jobs in the post-COVID-19 economy;

• Make it easier for companies to bet on themselves and increase productivity by rebating the PST on capital investments like machinery and equipment;

• Give renters a bit more financial breathing room.

Protecting incomes and businesses will help us realize a strong economic recovery.

Other actions will, too.

Your government will ramp up investments in transportation infrastructure, which will stimulate growth during the recovery period and benefit British Columbians through shorter commute times and greener transportation.

Expanding child care and early learning is another strong economic development policy.

By creating jobs and allowing more parents to go to work, it counts as strategic economic infrastructure every bit as much as roads and highways.

In the months ahead, your government will provide millions of dollars to child care providers to help them deliver COVID-19-safe care and millions more to school boards and health authorities for renovations to create more spaces.

This moment calls for action.

The way to get through this difficult time is by following the same approach we used during the first wave: by listening to the experts, supporting health-care workers on the front lines, and taking care of each other.

This government pledges to be there for British Columbians for the long haul.

Soon, members of the Legislative Assembly will be asked to vote for the appropriation of funds to make the plans outlined above a reality.

Representing British Columbians in the Legislature is a privilege and responsibility — never more so than at a moment like this.

To the members of the Legislature: may your commitment to the well-being of all British Columbians guide and inspire your work.

* * *

Her Honour the Lieutenant Governor was then pleased to retire.

Mr. Speaker reported that, in order to prevent mistakes, he had obtained a copy of Her Honour’s Speech.

The certificates of the Chief Electoral Officer of the result of the election of Members to represent the respective electoral districts of the Province in the Legislative Assembly at the general election were read by Kate Ryan-Lloyd, Clerk of the Legislative Assembly, as follows:

 
“Elections BC
Victoria, B.C., November 17, 2020

Kate Ryan-Lloyd
        Clerk of the House
                 Room 221, Parliament Buildings, Victoria, B.C. V8V 1X4

Dear Kate Ryan-Lloyd:

Please consider this letter a certified report, per section 147 of the Election Act (R.S.B.C. 1996, c. 106), regarding the results of the 42nd Provincial General Election.

Her Honour the Lieutenant Governor dissolved the 41st Parliament of the Legislative Assembly of British Columbia via a Proclamation issued on September 21, 2020. A general election was required to fill vacancies caused by the dissolution.

Writs of election were issued on the morning of September 21, calling for a general election on October 24. The general election was held pursuant to the provisions of the Election Act. The writs in 86 of 87 electoral districts have been returned as of today, November 17. The election results in one electoral district, West Vancouver-Sea to Sky, are subject to a judicial recount. The writ for that electoral district will be returned on conclusion of the judicial recount.

I hereby certify that the following 86 members have been elected to represent their respective electoral districts as set out below:

Sincerely,

Anton Boegman
Chief Electoral Officer
British Columbia”

 
“Elections BC
Victoria, B.C., November 20, 2020

Kate Ryan-Lloyd
        Clerk of the House
                 Room 221, Parliament Buildings, Victoria, B.C. V8V 1X4

Dear Kate Ryan-Lloyd:

As you know, a provincial general election was held on October 24.

The District Electoral Officer for the electoral district of West Vancouver-Sea to Sky was required to apply to the Supreme Court for a judicial recount of the ballots in the district in accordance with section 139 (5) (b) of the Election Act. This resulted in a delay in returning the writ of election for this electoral district.

Mr. Justice David Crerar conducted the judicial recount on November 16 and 17, 2020. Following the conclusion of the judicial recount, a two-day appeal period was observed as required by s. 144 of the Act. The appeal period ended on November 19, with no application made for an appeal.

Mr. Justice David Crerar has since issued a certificate of the results of the judicial recount to the District Electoral Officer. The District Electoral Officer for West Vancouver-Sea to Sky has now returned the writ and signed certificate of election to my office.

In accordance with section 147 (2) of the Election Act, I hereby certify the election of BC Liberal candidate Jordan Sturdy as the Member to represent the electoral district of West Vancouver-Sea to Sky in the Legislative Assembly.

Sincerely,

Anton Boegman
Chief Electoral Officer
British Columbia”

On the motion of the Hon. D. Eby (Attorney General), it was Ordered —

That the certificates of the Chief Electoral Officer of the result of the election of Members be entered upon the Journals of the House.

On the motion of the Hon. D. Eby (Attorney General), Bill (No. 1) intituled An Act to Ensure the Supremacy of Parliament 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.

By leave, the Hon. M. Farnworth moved —

GENERAL

1. That, as an exercise of the Legislative Assembly’s exclusive right to regulate its own internal affairs as they relate to its legislative and deliberative functions, including control over the conduct of its proceedings, the use of videoconferencing technology be authorized to enable all Members to be present in the proceedings of the Legislative Assembly through remote participation, counting toward quorum, while other Members continue to be present physically in the Legislative Chamber, thereby enabling hybrid proceedings of the House.

2. That Zoom be approved as the videoconferencing technology platform for the purposes of supporting hybrid proceedings of the House.

SITTING SCHEDULE

3. That, notwithstanding Standing Order 2 (2) (a) and unless otherwise ordered, the House sit the weeks of December 7 and 14, 2020.

QUORUM AND ATTENDANCE

4. That Members who are participating in the House’s proceedings by the approved videoconferencing technology be counted as present for the purposes of the quorum of ten Members, as set out in section 42 of the Constitution Act (R.S.B.C. 1996, c. 66) and Standing Order 6, and for the purposes of determining a majority of votes as set out in section 43 of the Constitution Act.

5. That Members who are participating in the House’s proceedings by the approved videoconferencing technology must have the audio and video functions enabled with their face clearly visible in order to be counted towards quorum, to participate in debate, and to vote.

VOTING AND DIVISIONS

6. That, notwithstanding Standing Order 16:

(1) When the Speaker puts the question, no further debate on the question shall be permitted.

(2) When a division is requested, it shall be deferred until 15 minutes prior to the ordinary time fixed for adjournment of the sitting during which the division is requested. If there are less than 30 minutes remaining prior to the ordinary time fixed for adjournment of the sitting during which the division is requested, then it shall stand deferred until 15 minutes prior to the ordinary time fixed for adjournment of the afternoon sitting of the following sitting day.

(3) Notwithstanding Standing Order 25 and subsection (2) of this order, if a division is requested during a morning sitting, it shall stand deferred until the afternoon sitting of the same day.

(4) If a division is requested in a Committee of the Whole, the clause of the bill under consideration shall be postponed, and the division shall be deferred in accordance with subsection (2) of this order.

(5) If a division is requested in the Committee of Supply, Section B, the division shall be deferred in accordance with subsection (2) of this order.

(6) If a deferred division is scheduled to take place during a sitting, the Speaker shall ring the bells and recess the proceedings 30 minutes prior to the ordinary time fixed for adjournment of the sitting. At 20 minutes prior to the ordinary time fixed for adjournment of the sitting, the Speaker shall call the House back to order. No longer than 5 minutes thereafter, the Speaker shall again state the question.

(7) If a division is deferred in a Committee of the Whole or the Committee of Supply, Section B, the House shall resolve itself into the appropriate Committee prior to the ringing of the bells and recess set out in subsection (6) of this order.

(8) No Member shall enter or leave the Legislative Chamber or connect to or disconnect from the approved videoconferencing technology after the final statement of the question until the division has been fully taken, and every Member present shall vote.

(9) When two or more deferred divisions are to be taken during a sitting, the divisions shall be taken in succession in the order they were deferred.

(10) During a sitting at which a deferred division is to take place, no motion to adjourn the House shall be in order until after that vote and the conclusion of any consequential business that must be disposed of. If successive divisions are scheduled, the House shall sit beyond the ordinary time of adjournment until the conclusion of all divisions and until other business consequential to the division has been disposed of.

(11) Divisions are not permitted on a motion that a committee rise and report, and on a routine motion moved by the Government House Leader or their designate that the House adjourn.

DOCUMENT MANAGEMENT AND NOTICE REQUIREMENTS

7. That any Standing Order requiring that a document be “handed in” or “laid upon the Table” or transmitted by other similar physical means be interpreted to include the transmission of a document by approved electronic means.

8. That the transmission of a document by the Office of the Clerk to all Members by electronic means constitute for all purposes the distribution and delivery of that document, regardless of whether a Member has received the document.

9. That, notwithstanding Standing Order 25B (2) and the usual practices of the House, at least two hours prior to the scheduled start of a sitting of the House, the Whips shall provide to the Office of the Speaker a list and, if applicable, the sequence, of Members wishing to make an introduction or to participate in an item under Routine Business.

10. That, notwithstanding the usual practices of the House, any Member who intends to move a motion in amendment to a bill at committee stage, of which notice is not typically required, should provide at least one hour of notice to the Office of the Clerk prior to introducing that motion in the House to ensure the electronic distribution of that motion to all Members forthwith after it is moved.

SPEAKER’S DISCRETION

11. That, for greater certainty, the Speaker be empowered to exercise discretion on the applicability of Standing Order 17A as it may relate to the facilitation of participation of Members in proceedings of the House.

12. That, for greater certainty and further to Standing Order 19 and Standing Order 20, the Speaker be empowered to intervene on any matter of decorum on the Speaker’s own initiative or on a point of order raised by a Member, including by muting a Member’s microphone and excluding Members from the sitting in cases of serious misconduct.

13. That the Speaker be empowered to exercise discretion in the interpretation of the provisions of any Standing Order requiring Members to stand or speak in their assigned place as this requirement may relate to Members participating via the approved videoconferencing technology and to Members participating in person in the Legislative Chamber.

14. That the Speaker be empowered to exercise discretion, in consultation with the House Leaders or the Whips, in the interpretation of any provision of the Standing Orders or this order that may require leniency or alteration in order to allow all Members to be able to fully exercise their duties and rights in the proceedings of this House conducted in a hybrid manner.

OTHER

15. That, should any provision contained in this order be inconsistent with the Standing Orders, the provision in this order prevails to the extent of the inconsistency.

16. That this order expire on December 31, 2020.

Motion agreed to.

On the motion of the Hon. M. Farnworth, seconded by Mr. Milobar, it was Ordered —

That Spencer Chandra Herbert, Member for Vancouver-West End Electoral District, be appointed Deputy Speaker for this Session of the Legislative Assembly.

On the motion of Mr. Milobar, seconded by the Hon. M. Farnworth, it was Ordered —

That Norm Letnick, Member for Kelowna-Lake Country Electoral District, be appointed Assistant Deputy Speaker for this Session of the Legislative Assembly.

On the motion of the Hon. M. Farnworth, seconded by Mr. Milobar, it was Ordered —

That Ronna-Rae Leonard, Member for Courtenay-Comox Electoral District, be appointed Deputy Chair of the Committee of the Whole for this Session of the Legislative Assembly.

On the motion of the Hon. D. Eby (Attorney General), it was Ordered —

That the Votes and Proceedings of this House be printed, being first perused by the Speaker, and that he do appoint the printing thereof, and that no person but such as he shall appoint do presume to print the same.

The Hon. J. Horgan (Premier) moved that the Select Standing Committees of this House for the present Session, be appointed for the following purposes:

1. Aboriginal Affairs;

2. Education;

3. Finance and Government Services;

4. Health;

5. Public Accounts;

6. Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills;

7. Crown Corporations;

8. Children and Youth;

9. Agriculture, Fish and Food;

and further that a Select Standing Committee on Legislative Initiatives be appointed for the present Parliament,

which said Committees shall severally be empowered to examine and inquire into all such matters and things as shall be referred to them by this House, and to report from time to time their observations and opinions thereon, with power to send for persons, papers, and records, and that a Special Committee be appointed to prepare and report with all convenient speed lists of members to compose the above Select Standing Committees of this House under Standing Order 68 (1), the Committee to be composed of the Hon. M. Farnworth (Convener), Lisa Beare, Bob D’Eith, Garry Begg, Michele Babchuk, Niki Sharma, Peter Milobar, Stephanie Cadieux, Doug Clovechok, and Sonia Furstenau.

Motion agreed to.

And then the House adjourned at 2.43 p.m.

HON. RAJ CHOUHAN, Speaker

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